W.D.Mo.: No const’l distinction between jailer monitoring jail calls and turning them over to prosecutors

There is no constitutional distinction between a jailer listening to calls and then forwarding them to prosecutors for use as potential evidence. United States v. Nesbitt, 2020 U.S. Dist. LEXIS 131220 (W.D. Mo. July 24, 2020).

Officer’s statement that a shotgun had been found in his house produced a response that the gun “was a gift from my wife.” He was in custody but “the Court concludes that it was not made in response to express questioning or its functional equivalent by law enforcement.” United States v. Herandez-Cano, 2020 U.S. Dist. LEXIS 131321 (E.D. Ky. July 24, 2020).*

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