Category Archives: Prison and jail searches

CA3: No REP from police being in a hotel hallway and then having RS for a frisk

The odor of marijuana coming from defendant’s hotel room was reasonable suspicion for his later stop and frisk in the hallway. “Appellant’s brief could also be read to assert that the police lacked reasonable suspicion to patrol the motel hallway. … Continue reading

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MN: 4A claim can’t be brought for first time in post-conviction proceeding

Defendant’s post-conviction claim that the search violated the Fourth Amendment was waived for post-conviction purposes because he had to file it in the trial court before his case concluded. Fox v. State, 2018 Minn. LEXIS 308 (June 13, 2018). The … Continue reading

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MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors

MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors by Tonya Riley: Kansas’ US Attorney’s Office has admitted listening to opposing lawyers’ conversations. Securus, the company responsible for recording the calls, has already faced … Continue reading

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NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You.

NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You. by Richard A. Oppel Jr.: Most people assume that a conversation with their lawyer will remain confidential. But if the conversation takes place … Continue reading

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PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

The trial court’s findings of fact and conclusions of law were completely wrong. Defendant had no reasonable expectation of privacy concerning his jail calls made over a television monitor and through a computer system. This was a case of consent … Continue reading

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NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails

NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails by Jan Ransom:

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NY3: Forced prison body cavity search was unreasonable

Defendant’s forced body cavity search in prison was unreasonable under all the circumstances. People v. Holton, 2018 NY Slip Op 02836, 2018 N.Y. App. Div. LEXIS 2830 (3d Dist. Apr. 26, 2018):

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NH: Warrantless DNA testing of blood obtained from hospital if error was harmless

Defendant was driving in a car crash that critically injured him and his passenger. He came to the ER, and the hospital drew five vials of blood for diagnostic testing for his condition. At the hearing all that it would … Continue reading

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E.D.Va.: Suit over opening medical records envelope as non-legal mail was frivolous

Suit over opening of non-legal mail, here medical records, was frivolous. Villafana v. Clarke, 2018 U.S. Dist. LEXIS 54893 (E.D. Va. Mar. 30, 2018). The first officer at the scene conducted a search without probable cause. A supervising officer appeared … Continue reading

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CA5: Holding DL doesn’t make request for consent coercive; record unclear on how long dispatch took to get back

Retention of identification documents when asking for consent does not ipso facto make the request coercive. The record is unclear on how long it took for computer checks to be complete, too. United States v. Perales, 2018 U.S. App. LEXIS … Continue reading

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E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading

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TN: Uncorroborated anonymous tip insufficient

The anonymous tip in this case was not corroborated, and it was insufficient even under the Tennessee Supreme Court’s 2017 adoption of Gates and rejection of Aguilar-Spinelli. State v. Dibrell, 2018 Tenn. Crim. App. LEXIS 224 (Mar. 26, 2018). There … Continue reading

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