Category Archives: Prison and jail searches

LA1: Probationer wearing GPS ankle monitor has no REP in information about his movements

A probationer wearing a GPS ankle monitor has no reasonable expectation of privacy in the information that linked him to an armed robbery while he was on probation. State in the interest of T.B., 2021 La. App. LEXIS 188 (La. … Continue reading

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IA: Reasonable inference owner of car was driving where owner had a suspended DL

It was a reasonable inference that the owner of a vehicle with a suspended license was driving when the vehicle was seen because the officer’s experience [and commonsense by now] shows that persons with suspended licenses continue to drive. That … Continue reading

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SD: Inverse condemnation doesn’t lie for damage caused by execution of SW

Surveying cases from other jurisdictions, the South Dakota Supreme Court decides that inverse condemnation claims do not lie under the state’s eminent domain provision ( “[p]rivate property shall not be taken for public use, or damaged, without just compensation[.]”) for damage to … Continue reading

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M.D.Fla.: State court’s findings on PC [not appealed] not binding on federal court

A state court’s findings of lack of probable cause to proceed with some charges against the defendant isn’t binding on federal courts. “Based on the evidence presented at the hearing, including the 911 calls, bodycam footage, and the credible and … Continue reading

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CA11: Not IAC to not challenge recording jail calls

Defense counsel wasn’t ineffective for not challenging recording jail calls [actually stated as a 2254(d) failure]. Garcia v. Sec’y, 2021 U.S. App. LEXIS 314 (11th Cir. Jan. 6, 2021).* The CSLI warrant was particular and not a general warrant, and … Continue reading

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NY: Reversal for 4A violation isn’t “favorable termination” for malicious prosecution claim

Reversal because of a Fourth Amendment violation isn’t a “favorable termination” for malicious prosecution claims. Butler v. City of New York, 2020 NY Slip Op 33363(U), 2020 N.Y. Misc. LEXIS 10130 (N.Y. Co. Oct. 14, 2020) (Martinez v. City of … Continue reading

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NY: Stop for center brake light being out was reasonable basis under statute

The trial court’s grant of the motion to suppress was error. The officer’s reading of the functioning brake light statute was reasonable that the center light being out was cause for a stop. People v. Pena, 2020 NY Slip Op … Continue reading

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CA5: Ptf’s manual strip and body search in prison for a missing syringe was reasonable

Plaintiff’s manual strip and body search in prison for a missing syringe was reasonable. Parker v. Woods, 2020 U.S. App. LEXIS 36359 (5th Cir. Nov. 19, 2020):

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CA5: Def’s contesting authenticity of jail calls let the govt establish they came from jail

Not a search claim: Admission of jail telephone calls didn’t undermine the presumption of innocence. Defendant wouldn’t stipulate to authenticity so the government had to establish the source of the calls. United States v. Arayatanon, 2020 U.S. App. LEXIS 35922 … Continue reading

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IN: Officers had sufficient suspicion of contraband on the person for a booking strip search

Officers had the requisite degree of suspicion for a strip search at the jail for a misdemeanor. He had suspicions there was something amiss with defendant’s unusual small talk, but, coupled with the facts, added up. Reagan v. State, 2020 … Continue reading

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D.S.D.: Seizure of work product from def’s jail cell for witness tampering was reasonable and run through a taint team

The search of defendant’s jail cell for evidence of witness tampering in his “work product” was reasonable, and the government used a taint team to segregate it. “The government’s conduct in this case was neither ill-conceived nor outrageous. It must … Continue reading

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CA9: Prison visitor should be allowed to avoid a strip search based on RS by being permitted to leave

A prison visitor has the right to leave a prison to avoid a strip search based on reasonable suspicion as a condition of entry. Qualified immunity, however, is granted because the right was not well established before this case. Cates … Continue reading

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MA: SW affidavit showed inference def’s house was base of operation for drug operation, and that’s nexus

The affidavit for search warrant here raised more than an inference that defendant’s home was used as a base of operations for his drug dealing enterprise, and that was nexus. Commonwealth v. Andre-Fields, 2020 Mass. App. LEXIS 145 (Sept. 23, … Continue reading

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MT: Jail entry strip searches without RS of even traffic warrant arrestees were reasonable

Strip searches of inmates coming into the county jail without reasonable suspicion the detainee had contraband or weapons were valid under Florence and under the state constitution. “Plaintiffs have not demonstrated the strip searches at issue are not reasonably related … Continue reading

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M.D.Fla.: Civilly committed sexually violent predator was effectively in prison for his 4A claim against room search

“Spaulding is civilly committed to the Florida Civil Commitment Center (‘FCCC’) under the Sexual Violent Predators Act” and his Xbox and blu-ray player were seized because having them wasn’t appropriate for his custody level. His due process and Fourth Amendment … Continue reading

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CA5: Search for ptf’s ID was reasonable when she refused to ID self and was charged with obstruction

The search of plaintiff’s wallet for her ID was reasonable when she refused to identify herself when stalled on an interstate highway. A search of the car for her wallet and then the search of the wallet was thus reasonable … Continue reading

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