Category Archives: Prison and jail searches

D.Minn.: Actual knowledge of jail calls being recorded isn’t required because of inmate handbook, signs on wall, and the sounds on the phone call

Testimony of actual knowledge that non-attorney jail calls would be recorded isn’t required. The inmate handbook, signs by the jail phone, and a notice in the call itself tell inmates that. United States v. Strother, 2020 U.S. Dist. LEXIS 6185 … Continue reading

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CT: No REP in jail letter to def’s mother with admission

Defendant’s Fourth Amendment rights weren’t violated by corrections officers copying a letter to his mother with an admission then turning it over to law enforcement officers. He had no privacy interest in his mail that society would recognize. The claim … Continue reading

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Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:

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S.D.Ohio: Lack of factual basis for stop deprives state of Heien mistake of law argument

The video from the patrol car doesn’t support the officer’s claim that defendant didn’t properly stop at a stop sign that that was the basis for the stop. The court doesn’t find Heien applies because this isn’t a mistake of … Continue reading

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D.C.Cir.: Dewey and Mine Safety Act provide for no precompliance warning or review before inspection

The petitioner here was a contractor working at a mine, and a mine safety inspector looked at equipment and cited the contractor a $116 fine. The ALJ denied relief, and, on a petition for review of the fine, the court … Continue reading

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NYTimes: Strip-Searching of 8-Year-Old at Prison Leads Virginia to Halt the Practice

NYTimes: Strip-Searching of 8-Year-Old at Prison Leads Virginia to Halt the Practice (“Gov. Ralph Northam suspended the policy after a girl was strip-searched while trying to visit her father.”) And I lost a case similar to this about 18 years … Continue reading

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CA6: Alleged violation of discovery order by unauthorized possession of Jencks material justifies search of jail cell, not that there’s a REP in it anyway

Alleged violation of a protective order on discovery authorized a search of defendant’s jail cell and a search warrant for his mother’s home after he mailed it to her to copy and disseminate. The protective order itself justified the search … Continue reading

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Courthouse News Service: False Drug Test Results Blamed for Jailhouse Punishments

Courthouse News Service: False Drug Test Results Blamed for Jailhouse Punishments by Amanda Ottaway (“According to the complaint, DOCCS is currently in the process of overturning all positive results generated by the faulty tests, which it says are the result … Continue reading

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MA: Calls from juvenile detention have no REP

Phone calls in juvenile detention were properly recorded. Defendant was on notice of recording. Commonwealth v. Odgren, 483 Mass. 41 (Sept. 4, 2019). In an immigration case where the petitioner bears the burden of showing an egregious violation of the … Continue reading

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ND: Pole camera surveillance caught def frequenting a trailer park known for drug sales; he was stopped there with RS

Reasonable suspicion existed to detain defendant for coming into a trailer park known for its drug sales. Police had a pole camera set up recording comings and goings, and defendant had been there multiple times before. On the totality of … Continue reading

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NY2: Jail call to codefendant from Rikers was admissible

Defendant was in Rikers and called his codefendant. The calls were admissible and were not the product of an unreasonable search because he was warned of the recording. People v. Boyd, 2019 NY Slip Op 06219, 2019 N.Y. App. Div. … Continue reading

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S.D.N.Y.: Govt subpoena to photograph gang tattoos of incarcerated def not violation of 4A or 5A

The government seeks a subpoena to photograph defendant’s tattoos in an effort to corroborate gang membership. The motion to suppress is denied. “The Court is persuaded that the Government search contemplated by the description in the August 7 Letter is … Continue reading

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