S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his contraband cell phone—are unanimous in rejecting the argument Allen advances here. Such challenges are not sanctioned by Title III, particularly when it is read in conjunction with the federal statute criminalizing inmates’ possession of cell phones.” United States v. Allen, 2018 U.S. Dist. LEXIS 202503 (S.D. Ga. Nov. 30, 2018).

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