Category Archives: Prison and jail searches

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

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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:

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NY3: Forced prison body cavity search was unreasonable

Defendant’s forced body cavity search in prison was unreasonable under all the circumstances. People v. Holton, 2018 NY Slip Op 02836, 2018 N.Y. App. Div. LEXIS 2830 (3d Dist. Apr. 26, 2018):

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NH: Warrantless DNA testing of blood obtained from hospital if error was harmless

Defendant was driving in a car crash that critically injured him and his passenger. He came to the ER, and the hospital drew five vials of blood for diagnostic testing for his condition. At the hearing all that it would … Continue reading

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E.D.Va.: Suit over opening medical records envelope as non-legal mail was frivolous

Suit over opening of non-legal mail, here medical records, was frivolous. Villafana v. Clarke, 2018 U.S. Dist. LEXIS 54893 (E.D. Va. Mar. 30, 2018). The first officer at the scene conducted a search without probable cause. A supervising officer appeared … Continue reading

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CA5: Holding DL doesn’t make request for consent coercive; record unclear on how long dispatch took to get back

Retention of identification documents when asking for consent does not ipso facto make the request coercive. The record is unclear on how long it took for computer checks to be complete, too. United States v. Perales, 2018 U.S. App. LEXIS … Continue reading

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E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading

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TN: Uncorroborated anonymous tip insufficient

The anonymous tip in this case was not corroborated, and it was insufficient even under the Tennessee Supreme Court’s 2017 adoption of Gates and rejection of Aguilar-Spinelli. State v. Dibrell, 2018 Tenn. Crim. App. LEXIS 224 (Mar. 26, 2018). There … Continue reading

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W.D.Va.: Prisoner suit for recording attorney-client meetings survives 6A claim but 4A denied on QI

Plaintiff, a prison inmate, had his conversations with his lawyer in trial preparation recorded by prison officials. He sued for interference with his right to counsel and for a Fourth Amendment violation. Defendant’s summary judgment motion is denied on the … Continue reading

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CA6: 4A doesn’t apply to removal of stuff from an inmate’s cell after a shakedown search

“Cody failed to state a Fourth Amendment claim for relief. He claimed that the defendants violated his Fourth Amendment rights by removing property from his cell during routine searches. But Cody was in prison, and ‘the Fourth Amendment proscription against … Continue reading

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CA6: Ptf inmate’s bodily privacy not unreasonably violated because female guard saw him in shower

Summary judgment was properly granted against plaintiff’s prison Fourth Amendment claim that his privacy rights were violated because a female guard happened to see him in the shower. He has a limited reasonable expectation of privacy in his bodily privacy … Continue reading

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LA1: Look in mailbox to confirm def’s address was after they’d confirmed his apartment; not unreasonable

In the course of a homicide investigation, the victim was shown to have last talked to defendant on his cell phone just before his murder. That led to getting his picture to show to a witness who ID’d him as … Continue reading

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