Defendant’s recorded jail call did not afford him an objectively reasonable expectation of privacy. His reliance on a Montana case on another issue not at all like this that did recognize a limited reasonable expectation of privacy under the Montana Constitution doesn’t even apply, both because the Fourth Amendment controls and because it’s nowhere on point. Alternatively, this was by consent because he knew it would be recorded. United States v. Cox, 2017 U.S. Dist. LEXIS 182036 (D. Mont. Oct. 3, 2017).
Defendant’s guilty plea waived his suppression issue. State v. Bennett, 2017 Ohio App. LEXIS 4825 (1st Dist. Nov. 3, 2017).*