Category Archives: Prison and jail searches

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):

Posted in Cell phones, Prison and jail searches, Reasonable expectation of privacy | Comments Off on N.D.Ga.: No REP in a wiretapped contraband cell phone in a jail

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:

Posted in Prison and jail searches, Privileges | Comments Off on LA Times: ‘Technical error’ blamed for recordings of more than 1,000 attorney-inmate phone calls in O.C. jail

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

Posted in Prison and jail searches, Privileges | Comments Off on LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news

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

Posted in Prison and jail searches, Privileges | Comments Off on 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

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:

Posted in Prison and jail searches, Privileges | Comments Off on LA Times: Authorities recorded privileged attorney-client conversations, district attorney’s office says

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

Posted in Automobile exception, Prison and jail searches, Reasonable expectation of privacy, Rule 41(g) / Return of property | Comments Off on MS: No REP in calls from police station

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

Posted in Prison and jail searches, Reasonable expectation of privacy, Stop and frisk | Comments Off on CA3: No REP from police being in a hotel hallway and then having RS for a frisk

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

Posted in Prison and jail searches, Reasonable expectation of privacy | Comments Off on MN: 4A claim can’t be brought for first time in post-conviction proceeding

MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors

MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors by Tonya Riley: Kansas’ US Attorney’s Office has admitted listening to opposing lawyers’ conversations. Securus, the company responsible for recording the calls, has already faced … Continue reading

Posted in Prison and jail searches, Privileges | Comments Off on MotherJones: A Private Prison Company Gave 1,300 Recordings of Confidential Inmate Phone Calls to Prosecutors

NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You.

NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You. by Richard A. Oppel Jr.: Most people assume that a conversation with their lawyer will remain confidential. But if the conversation takes place … Continue reading

Posted in Prison and jail searches | Comments Off on NYTimes: Calling Your Lawyer’s Cell From Jail? What You Say Can and Will Be Used Against You.

PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

The trial court’s findings of fact and conclusions of law were completely wrong. Defendant had no reasonable expectation of privacy concerning his jail calls made over a television monitor and through a computer system. This was a case of consent … Continue reading

Posted in Curtilage, Emergency / exigency, Plain view, feel, smell, Prison and jail searches | Comments Off on PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails

NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails by Jan Ransom:

Posted in Prison and jail searches | Comments Off on NYTimes: Women Describe Invasive Strip Searches on Visits to City Jails