Category Archives: Prison and jail searches

LA3: No REP in a jail call to spouse

There is no reasonable expectation of privacy in a jail call to defendant’s wife. State v. Ducote, 2018 La. App. LEXIS 2297 (La. App. 3 Cir. Nov. 15, 2018).* No reasonable suspicion for extending a stop for no proof of … Continue reading

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WA: SW may be issued for mitigation evidence in death penalty case; here from def’s prison cell

A search warrant can be issued for evidence in mitigation of the death penalty. Defendant was charged with murder of a prison guard, and it was information in his prison cell of books, documents, and medical reports. The state law … Continue reading

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CA6: Marital privilege doesn’t apply to a recorded jail call

Marital privilege doesn’t apply to jail telephone calls defendant knew would be recorded because of the lack of a confidential communication. United States v. Ayala, 2018 U.S. App. LEXIS 31345 (6th Cir. Nov. 6, 2018). The Pennsylvania Wiretap Act is … Continue reading

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OH8: State had to argue plain view to trial court to argue it on appeal

The state’s plain view argument wasn’t pressed in the trial court, so it can’t be a basis for appeal. Even on the merits, the state loses because the stop was invalid, and the detention unreasonable all before the alleged plain … Continue reading

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N.D.Ga.: No REP in a wiretapped contraband cell phone in a jail

Defendant was on a contraband cell phone in jail that was wiretapped. He had no reasonable expectation of privacy in that phone. United States v. Nava, 2018 U.S. Dist. LEXIS 155590 (N.D. Ga. Sep. 12, 2018):

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LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail

LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail by Hannah Fry:

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LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news

LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news: The Fourth Amendment protects against unreasonable searches and seizures, and under various court rulings that means government agents must first get warrants before listening in on … Continue reading

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ID: Cell seizure of def’s notes for conversation with defense lawyer presumptively prejudicial; remanded to see if state can overcome prejudice and whether DA disqualified

Defendant was convicted of attempted murder. “While he was incarcerated prior to trial, Robins’s cell was searched and handwritten notes he had prepared in anticipation of a meeting with counsel were seized and delivered to the prosecuting attorney. The district … Continue reading

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LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says

LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says by Nina Agrawal:

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MS: No REP in calls from police station

Defendant’s calls from the police station after he was arrested admitted the marijuana in this case was his. The calls were admitted at trial, defense counsel challenging authentication. Defendant pro se argued a Fourth Amendment violation, but that is defaulted … Continue reading

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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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