Category Archives: Prison and jail searches

Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings

Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings by R. Robin McDonald (“The New Jersey Supreme Court on Wednesday affirmed that prosecutors can subpoena recordings of telephone conversations made by defendants held in county detention facilities. … Continue reading

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S.D.Ohio: No REP in nonlegal mail sent from jail where witness tampering was suspected

Defendant had no reasonable expectation of privacy in nonlegal mail sent from jail where he was suspected of tampering with witnesses (collecting cases). The policy was already well established (if that matters). United States v. Chivers, 2020 U.S. Dist. LEXIS … Continue reading

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NM: “Is there anything on your person that I should know about?” is subject to Quarles public safety exception

A question about anything on defendant’s person was subject to Quarles public safety exception. “While Defendant was in custody, but before he was advised of his Miranda rights, an officer asked him, ‘Is there anything on your person that I … Continue reading

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M.D.La.: Sometimes there’s SW for a pretrial detainee’s cell

Defendant was detained pretrial for a murder for hire indictment, and he’d been moved around from one contract holding center to another for assaulting other inmates. A search warrant had been obtained for his cell for evidence of obstruction of … Continue reading

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D.Ariz.: Nexus here was so “thin” that the court won’t even apply GFE

The government didn’t even show a connection between the defendant and the alleged crime to get access to his subscriber information. “While courts may find the good-faith exception to apply when an application is ‘thin,’ a showing of some connection … Continue reading

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ABAJ: Inmate wins [pretrial] release after jail recorded hundreds of attorney-client calls

ABAJ: Inmate wins release after jail recorded hundreds of attorney-client calls by Stephanie Francis Ward:

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Daily Press: After Virginia prisons strip searched an 8-year-old, state lawmakers passed 4 bills to limit the practice

Daily Press: After Virginia prisons strip searched an 8-year-old, state lawmakers passed 4 bills to limit the practice by Gary A. Harki (“Four bills addressing the strip searching of visitors at jails and prisons in Virginia passed the General Assembly … Continue reading

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TX11: Automobile exception doesn’t permit a vehicle search after the object of the search has been recovered

The automobile exception did not apply where defendant was stopped for an alleged theft and the property was recovered before the search occurred, thereby obviating it. State v. Whitman, 2020 Tex. App. LEXIS 1481 (Tex. App. – Eastland Feb. 21, … Continue reading

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CA9: Sexual groping during a prison search states 4A excessive force claim

It was clearly established that groping a (transgender) woman during prison searches was unreasonable as excessive force. Goff v. Ramirez, 2020 U.S. App. LEXIS 4876 (9th Cir. Feb. 13, 2020). (The plaintiff being transgender had nothing to do with the … Continue reading

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CA11: No justification is needed for a jail booking strip search

No justification is needed for a jail booking strip search. [The court alludes to what might possibly be some factual justification but doesn’t say that it was.] Watkins v. Pinnock, 2020 U.S. App. LEXIS 1881 (11th Cir. Jan. 22, 2020). … Continue reading

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CA4: RS is the standard for a prison visitor strip search

Reasonable suspicion is the standard for a prison visitor strip search, and officers had reasonable suspicion here. Calloway v. Lokey, 2020 U.S. App. LEXIS 1756 (4th Cir. Jan. 21, 2020):

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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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