Category Archives: Prison and jail searches

N.D.Ga.: Clothing as evidence in plain view can be seized whether from a suspect or victim

Defendant’s clothing was properly seized under the plain view doctrine whether he was a suspect or a victim. Defendant also didn’t have standing in the car involved because it wasn’t his. United States v. Hood, 2019 U.S. Dist. LEXIS 5357 … Continue reading

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E.D.Cal.: Camping in a nonapproved area of Yosemite National Park was a reasonable suspicion

Camping in a nonapproved area of Yosemite National Park after a warning not to was reasonable suspicion for a stop. United States v. Ontiveros, 2019 U.S. Dist. LEXIS 2791 (E.D. Cal. Jan. 8, 2019).* Defendant over time filed five motions … Continue reading

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Why they strip search in jail: WGNO: Police find gun concealed in buttocks of Lafourche Parish man

WGNO: Police find gun concealed in buttocks of Lafourche Parish man: GOLDEN MEADOW, LA – Deputies at the Lafourche Parish Jail found a gun concealed in the buttocks of a man arrested after police found a “zip gun” and homemade … Continue reading

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N.D.Ga.: When jail calls are a part of the PC for a SW affidavit, transcripts aren’t required

“Dubose raises a slew of arguments [not a good sign] in support of her contention that the affidavit fails to establish probable cause to search the iPhone; however, none of those arguments has merit.” There was an argument that a … Continue reading

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S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

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Cal.: Jailhouse writings could be seized with SW to prove def’s competence at trial

A search warrant was executed on defendant’s jail cell on the eve of trial and produced writings that refuted defendant’s claim of incompetence to understand the proceedings. They were admissible. People v. Buenrostro, 2018 Cal. LEXIS 9384 (Dec. 3, 2018).* … Continue reading

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ID: Seizure of A-C materials from def’s jail cell violated privilege; remanded for remedy and possible recusal of DA

The state searched defendant’s jail cell while he was in pretrial detention and seized attorney-client privileged information. The state has the burden of proving that it did not affect the case against him, and the case is remanded for further … Continue reading

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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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