Category Archives: Prison and jail searches

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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CA7: Prison inmates have 4A reasonableness protection against abusive strip and body cavity searches

Prison inmates retain a Fourth Amendment reasonableness right against abusive strip and body cavity searches enough to state a claim here. Qualified immunity is reserved for later. Henry v. Hulett, 2020 U.S. App. LEXIS 25390 (7th Cir. Aug. 11, 2020) … Continue reading

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HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million

HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million by Dan Margolies:

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W.D.Mo.: No const’l distinction between jailer monitoring jail calls and turning them over to prosecutors

There is no constitutional distinction between a jailer listening to calls and then forwarding them to prosecutors for use as potential evidence. United States v. Nesbitt, 2020 U.S. Dist. LEXIS 131220 (W.D. Mo. July 24, 2020). Officer’s statement that a … Continue reading

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CA7: County jail’s body cavity searches of ptf were fact based on RS and reasonable

Plaintiff was subjected to two body cavity searches of her rectum and vagina for drugs she was reasonably believed to have smuggled into the jail through booking. It was invasive, but it was reasonable on balance with the jail’s security … Continue reading

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CA9: UA in prison is reasonable

“It is undisputed that urinalysis testing is a search under the Fourth Amendment and that drug testing in the prison context is generally constitutional unless it is conducted in an unreasonable manner. See Thompson v. Souza, 111 F.3d 694, 701 … Continue reading

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CA4: Opening jail legal mail away from inmate violated 1A, but separate 4A claim for that not clearly established

Opening pretrial detainee’s legal mail 15 times outside his presence was a First Amendment violation, even though he’d been suspected of receiving contraband about the witnesses against him both in legal and nonlegal mail. The First Amendment violation is injury … Continue reading

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