N.D.Ga.: No REP in a wiretapped contraband cell phone in a jail

Defendant was on a contraband cell phone in jail that was wiretapped. He had no reasonable expectation of privacy in that phone. United States v. Nava, 2018 U.S. Dist. LEXIS 155590 (N.D. Ga. Sep. 12, 2018):

Here, Defendant has failed to demonstrate—or even argue—that he had a reasonable or legitimate expectation of privacy in his telephone conversations on a contraband phone while he was incarcerated. If there is no reasonable expectation of privacy in statements made (and recorded) in the back seat of a police car, there surely can be no expectation of privacy in statements made on a contraband phone from a prison cell. See Hudson v. Palmer, 468 U.S. 517, 526-27 (1984) (holding that when an inmate is in his cell, he retains no right of privacy entitling him to the protection of Fourth Amendment).