Category Archives: Prison and jail searches

M.D.Fla.: When the automobile exception applies and def is in custody, a SW still isn’t required

There was probable cause by a plain view so the automobile exception applies. The fact defendant as in custody doesn’t require a search warrant. United States v. Lightsey, 2019 U.S. Dist. LEXIS 121669 (M.D. Fla. July 3, 2019). There was … Continue reading

Posted in Automobile exception, Prison and jail searches, Probable cause | Comments Off on M.D.Fla.: When the automobile exception applies and def is in custody, a SW still isn’t required

CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide

Plaintiff female prisoners filed a Fourth Amendment and Eighth Amendment claim against a jail for what they alleged was an invasion of privacy by an unjustified group strip search. The district court granted summary judgment against them on the Fourth … Continue reading

Posted in Prison and jail searches, Strip search | Comments Off on CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide

D.Md.: No REP in jail calls even though warning was in English and def didn’t speak English

There is no reasonable expectation of privacy in jail calls to nonlawyers. The government didn’t show that defendants could even understand the warning in English on the phone, but it doesn’t matter. United States v. Reyes-Canales, 2019 U.S. Dist. LEXIS … Continue reading

Posted in Prison and jail searches | Comments Off on D.Md.: No REP in jail calls even though warning was in English and def didn’t speak English

TheAppeal.org: ‘Do Not Record’

TheAppeal.org: ‘Do Not Record’ by Elizabeth Weill-Greenberg: Phone calls between prisoners in Orange County and their lawyers were recorded and accessed. How wide the eavesdropping was remains an open question. . . .

Posted in Prison and jail searches, Privileges | Comments Off on TheAppeal.org: ‘Do Not Record’

S.D.Ill.: No 4A claim for prison lockdown and shakedown for drugs

There is no Fourth Amendment claim available to an inmate at USP Marion for prison wide shakedowns for two days after drugs came in and the prison went into lockdown. Kammeyer v. True, 2019 U.S. Dist. LEXIS 107060 (S.D. Ill. … Continue reading

Posted in Cell phones, Ineffective assistance, Prison and jail searches | Comments Off on S.D.Ill.: No 4A claim for prison lockdown and shakedown for drugs

NY1: Search incident of a “booster bag” at time of arrest outside a store was reasonable

Defendants were involved in store thefts with a “booster bag” where they were going into the stores and making off with stuff in bag and then transferring it to a rolling suitcase on the street. When the police observed a … Continue reading

Posted in Prison and jail searches, Reasonable expectation of privacy, Search incident | Comments Off on NY1: Search incident of a “booster bag” at time of arrest outside a store was reasonable

E.D.Cal.: There’s no REP in the cell or room of the state’s mental hospital

There is no reasonable expectation of privacy in the cell or room of person under civil commitment. It’s not a jail and there are limited constitutional protections inside. Leonard v. Coalinga State Hosp., 2019 U.S. Dist. LEXIS 88170 (E.D. Cal. … Continue reading

Posted in Prison and jail searches, Reasonable expectation of privacy | Comments Off on E.D.Cal.: There’s no REP in the cell or room of the state’s mental hospital

CA9: Recording pretrial detention inmates’ conversations for witness safety was reasonable

While defendants were in pretrial detention on a RICO indictment, the government apparently surreptitiously recorded conversations between them because there were legitimate witness safety concerns. The court finds no reasonable expectation of privacy in that situation. United States v. Ross, … Continue reading

Posted in Prison and jail searches | Comments Off on CA9: Recording pretrial detention inmates’ conversations for witness safety was reasonable

DE: Jail cell seizure of trial and A-C privileged materials requires disqualification of entire prosecution team; dismissal order reversed

Prosecutors ordered a prison cell search of a murder defendant’s cell, and legal materials and trial strategy materials were seized. It started with a search to see if a protective order was violated, but it ended up being quite broad. … Continue reading

Posted in Prison and jail searches, Privileges | Comments Off on DE: Jail cell seizure of trial and A-C privileged materials requires disqualification of entire prosecution team; dismissal order reversed

NYLJ: Queens Attorney Convicted in Scheme to Reduce Client’s Prison Sentence

NYLJ: Queens Attorney Convicted in Scheme to Reduce Client’s Prison Sentence by Dan M. Clark. A call was recorded between the defendant defense lawyer and the client calling on a smuggled cell phone from jail.

Posted in Prison and jail searches | Comments Off on NYLJ: Queens Attorney Convicted in Scheme to Reduce Client’s Prison Sentence

S.D.N.Y.: A prison cell search doesn’t need justification

“‘[P]rison officials are presumed to do their best to evaluate and monitor objectively the security needs of the institution and the inmates in their custody, and then to determine whether and when such concerns necessitate a search of a prison … Continue reading

Posted in Prison and jail searches, Seizure | Comments Off on S.D.N.Y.: A prison cell search doesn’t need justification

NY2: Jail call here was more prejudicial than relevant and should have been excluded

Admission of defendant’s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. … Continue reading

Posted in Administrative search, Prison and jail searches, Qualified immunity | Comments Off on NY2: Jail call here was more prejudicial than relevant and should have been excluded