Category Archives: Prison and jail searches

D.Nev.: There’s no 4A claim from officers running the serial number of a gun found in plain view

There is no Fourth Amendment claim for officers running the serial number of a gun after it was lawfully encountered, so no ineffective assistance of counsel. United States v. Hylton, 2025 U.S. Dist. LEXIS 71338 (D. Nev. Apr. 14, 2025). … Continue reading

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E.D.Pa.: A prison inmate has no standing in his cell

Correctional officers found 20 cell phones in defendant’s cell. He has no standing in his cell. As to the cell phone searches, even if he had standing, the warrants were not overbroad. United States v. Nasir, 2025 U.S. Dist. LEXIS … Continue reading

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S.D.N.Y.: Warrantless criminal investigative cell search was reasonable

Defendant was in pretrial detention arrested three days earlier in a murder-for-hire scheme. Jailors searched his cell, apparently as a part of the original criminal investigation, looking for cell phone which he attempted to destroy. He moved to suppress. “The … Continue reading

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W.D.Va.: No REP in non-legal jail mail from being scanned for tablet viewing

There is no reasonable expectation of privacy in non-legal mail in jail. Here, mail was scanned and made into a pdf for viewing on a tablet. Cecil v. Keller, 2025 U.S. Dist. LEXIS 56313 (W.D. Va. Mar. 25, 2025).* A … Continue reading

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E.D.Mich.: Ptf’s jail strip search on camera after contact visit was reasonable

Plaintiff’s jail strip search after a contact visit was reasonable, and the fact it was on camera doesn’t make it unreasonable. Parker v. Robert J. White Mich. Dep’t of Corr., 2025 U.S. Dist. LEXIS 48519 (E.D. Mich. Jan. 27, 2025):

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CA10: Cross-gender prison strip search of transgender woman stated claim

A cross-gender jail strip search of a transgender woman with gender dysphoria stated a claim. Griffith v. El Paso Cty., 2025 U.S. App. LEXIS 3734 (10th Cir. Feb. 19, 2025). Defendant was involved in a head-on crash driving on the … Continue reading

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S.D.N.Y.: Sublessee of apartment had standing

Sublessee of an apartment had standing to challenge its search. This can’t be compared to burglars or squatters. United States v. Ephron, 2025 U.S. Dist. LEXIS 28794 (S.D.N.Y. Feb. 18, 2025). Defendant wasn’t seized during his encounter with the police … Continue reading

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N.D.Iowa: Jail strip search for safety purposes was reasonable

This jail strip search under the jail’s policy for safety purposes was reasonable. United States v. Sutton, 2025 U.S. Dist. LEXIS 10974 (N.D. Iowa Jan. 22, 2025).* Not the countervailing considerations:

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CA3: Conviction for threats by internet justified supervised release condition of computer monitoring

Where defendant was convicted of making threats over the internet to a Congressman, a two year computer monitoring condition was reasonable and did not violate the First and Fourth Amendment. United States v. Hall, 2025 U.S. App. LEXIS 1109 (3d … Continue reading

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E.D.Okla.: Search of lawyers and their cars coming into jail did not obstruct access to counsel

Stopping and searching the car and person of defense counsel coming into a USMS jail did not violate defendant’s right to access to counsel. The limitations were all reasonable. United States v. Freeman, 2025 U.S. Dist. LEXIS 6745 (E.D. Okla. … Continue reading

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E.D.Mo.: No claim where no damages shown for alleged unreasonable dog sniff; nothing was found, detention was otherwise reasonable

Officers were surveilling a van that they believed might have a connection to an unsolved homicide. They observed what appeared to be hand-to-hand drug transactions, and the van’s LPN was expired. They approached. There were others around the van, and … Continue reading

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W.D.Va.: No REP prison visit with nonlawyer wouldn’t be videorecorded on bodycam

Plaintiff had no reasonable expectation of privacy in his prison visit with his brother being recorded on body camera of a nearby correctional officer. Saunders v. Vilbrandt, 2025 U.S. Dist. LEXIS 989 (W.D. Va. Jan. 2, 2025).* “To the extent … Continue reading

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E.D.Cal.: Successor habeas petition can’t be based on withheld information of a 4A violation

A successor habeas can’t be based on allegedly withheld evidence of a Fourth Amendment violation. Sanchez v. Cates, 2024 U.S. Dist. LEXIS 226067 (E.D. Cal. Dec. 12, 2024). Defendant can’t show that defense counsel was ineffective for not moving to … Continue reading

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NY3: No REP in SHU surveillance

Defendant was in a special housing unit in a NY state prison. He knew he was under constant surveillance. He had no reasonable expectation of privacy in admissions he made caught on video. People v. Ashcroft, 2024 NY Slip Op … Continue reading

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D.D.C.: Multiple counts of things seized under SW not severed

In a motion to sever counts for trial, it was significant that the stuff was seized under the same search warrant. United States v. Lewis, 2024 U.S. Dist. LEXIS 217086 (D.D.C. Dec. 2, 2024). There was probable cause and nexus … Continue reading

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D.Ariz.: SW not needed to turn over jail calls to DA

No search warrant is needed for the jail to turn over plaintiff’s jail telephone calls to the DA’s office. Wallace v. Maricopa Cty. Prosecutor’s Office, 2024 U.S. Dist. LEXIS 209545 (D. Ariz. Oct. 24, 2024).* When an officer invokes the … Continue reading

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D.Alaska: No REP in cell of 48 hr detainee

A 48 hour pretrial detainee in a dry cell has no reasonable expectation of privacy. United States v. Burk, 2024 U.S. Dist. LEXIS 209407 (D. Alaska Nov. 18, 2024).* Defendant’s Franks officer of proof with a proffered corrected affidavit for … Continue reading

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W.D.Pa.: Use of coarse language during prison strip search didn’t make it unreasonable

Prison strip search was not unconstitutional. “Shepard has failed to allege facts to support that the November 2022 search was unreasonable. She acknowledges that such searches are routinely conducted before an inmate leaves the correctional institution for outside medical appointments. … Continue reading

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OH7: Postal worker’s information about defendant’s cash and mail was PC for warrant

A postal worker’s information that defendant had lots of cash and was receiving packages that smelled like marijuana was probable cause for his house. State v. Middleton, 2024-Ohio-5172, 2024 Ohio App. LEXIS 3877 (7th Dist. Oct. 28, 2024).* The use … Continue reading

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OH: Negligent disposal of def’s car in impound while he was in jail wasn’t done in bad faith

Police searched defendant’s car at the impound lot, and he was sent certified mail to tell him to pick it up or it would be disposed of. They mailed it to his house while he was in jail so he … Continue reading

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