{"id":46256,"date":"2020-11-26T08:58:53","date_gmt":"2020-11-26T13:58:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46256"},"modified":"2020-11-26T08:58:53","modified_gmt":"2020-11-26T13:58:53","slug":"de-investigating-witness-tampering-justified-sdt-for-jail-calls","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=46256","title":{"rendered":"DE: Investigating witness tampering justified SDT for jail calls"},"content":{"rendered":"\n<p>The AG subpoenaed jail calls, which defendant concedes could be recorded and that he had no privacy in. His argument here is whether there was a \u201csubstantial governmental interest in obtaining the prison phone records.\u201d The state counters that they were seeking evidence of witness tampering. That\u2019s good enough. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=313560\">Waters v. State<\/a>, 2020 Del. LEXIS 391 (Nov. 23, 2020):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Waters attempts to distinguish this case and others by arguing that a person actually reported the alleged witness tampering in each of these cases, and no one reported the witness tampering here. But these cases do not establish any such prerequisite for showing a substantial governmental interest relating to witness tampering. Here, the record supports the Superior Court&#8217;s denial of Waters&#8217; motion to exclude the prison phone calls. Moore&#8217;s sudden uncooperative behavior, Moore&#8217;s signed affidavit that was not drafted by him, and Waters&#8217; previous conviction of witness tampering were sufficient to establish that a significant governmental interest was at stake. As such, the Superior Court did not err in finding the State&#8217;s subpoena reasonable.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The AG subpoenaed jail calls, which defendant concedes could be recorded and that he had no privacy in. His argument here is whether there was a \u201csubstantial governmental interest in obtaining the prison phone records.\u201d The state counters that they &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=46256\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[81],"tags":[],"class_list":["post-46256","post","type-post","status-publish","format-standard","hentry","category-subpoenas"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46256","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46256"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46256\/revisions"}],"predecessor-version":[{"id":46257,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46256\/revisions\/46257"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46256"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46256"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46256"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}