D.Neb.: There is no REP in jail calls

Defendant’s jail calls were known by him to be subject to monitoring, and he had no reasonable expectation of privacy in them. There was probable cause for the search warrant for defendant’s email, giving the magistrate’s finding the due deference it’s entitled to. United States v. Haynie, 2017 U.S. Dist. LEXIS 44498 (D. Neb. Jan. 6, 2017), adopted, 2017 U.S. Dist. LEXIS 44495 (D. Neb. Mar. 27, 2017) (see Treatise § 33.10). They are almost universally recorded at the provider’s central computer, and the police and prosecutors can access the calls online.

Out of district email search warrant was permissible under SCA and Rule 41. In re Search Warrant, 2005 U.S. Dist. LEXIS 50292 (M.D. Fla. Dec. 23, 2005, unsealed Feb. 13, 2006).

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