S.D.Cal.: No REP in a cell phone call by an inmate from inside a prison

The government had wiretaps on cell phones used inside a prison to conduct drug sales and collect “taxes” on those drug sales. There is no reasonable expectation of privacy in a cell phone conversation coming from inside a prison by an inmate, and Title III isn’t even applicable, an issue of first impression, because Congress passed the prison Cell Phone Contraband Act. If it does apply, Title III was complied with. United States v. Amador, 2015 U.S. Dist. LEXIS 13398 (S.D.Cal. February 2, 2015); United States v. Savala, 2015 U.S. Dist. LEXIS 13407 (S.D.Cal. February 2, 2015); United States v. Rodriguez, 2015 U.S. Dist. LEXIS 13405 (S.D.Cal. February 2, 2015); United States v. Ballesteros, 2015 U.S. Dist. LEXIS 13404 (S.D.Cal. February 2, 2015); United States v. Sotelo, 2015 U.S. Dist. LEXIS 13403 (S.D.Cal. February 2, 2015); United States v. Garibay, 2015 U.S. Dist. LEXIS 13408 (S.D.Cal. February 2, 2015); United States v. Delgado-Vidaca, 2015 U.S. Dist. LEXIS 13411 (S.D.Cal. February 2, 2015). [I’m arbitrarily putting Amador first because he’s the highest defendant (2) in the case. Ten are shown in each case.]

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