Category Archives: Prison and jail searches

MI directs its CoA to consider application of exclusionary rule in zoning case

The Michigan Supreme Court remanded Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) (posted here) to determine below whether the exclusionary rule should apply in a zoning case. Long Lake Twp. v. Maxon, 2022 Mich. … Continue reading

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E.D.Cal.: Inmate has no standing in a contraband cell phone

A person in prison has no standing to contest a wiretap on a contraband cell phone. United States v. Yandell, 2022 U.S. Dist. LEXIS 91166 (E.D.Cal. May 20, 2022). “The facts of this case indicate that [Officer] Leitzen, while conducting … Continue reading

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TN: Owner of premises could consent to enter room of visitor

Defendant was a suspect in a murder, and police were admitted to the house where he stayed by consent of the owner. He wouldn’t come out of his bedroom, so they went in. The owner had complete control over the … Continue reading

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OH12: Any error in SW return has no effect on search

Any error in the search warrant return does not affect the search itself. Therefore, it can’t form a basis for suppression. Defendant also disclaimed any interest in the property at the time of the search. State v. McClendon, 2022-Ohio-1441, 2022 … Continue reading

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D.Me.: Search under state bail condition was with RS and alternative ground

Defendant was on a state bail condition that authorized warrantless searches. In a traffic stop, the officer had at least reasonable suspicion of drug activity in the vehicle. The search was reasonable under both. As to the bail condition, there … Continue reading

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USA Today: Opinion: Prisons overuse strip searches to dehumanize people like me. End this horrific practice now.

USA Today: Opinion: Prisons overuse strip searches to dehumanize people like me. End this horrific practice now. (“New York, where I was incarcerated, should respect the bodily integrity and human dignity of those it holds in prison, as should every … Continue reading

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D.Ore.: Detailed extra information to provide context that ultimately proves unnecessary to the PC finding doesn’t make the warrant bad

“SA Nix’s 56-page affidavit provides detailed information that is directly connected to an evasion of payment charge. Those few sentences or portions of sentences that pertain exclusively to an evasion of tax assessment charge have a de minimis impact on … Continue reading

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D.S.D.: Ptf stated § 1983 claim that jail phone provider recorded attorney-client calls

Plaintiff stated a § 1983 claim that a jail phone provider recorded attorney calls. Kurtenbach v. Securus Techs., 2022 U.S. Dist. LEXIS 54089 (D.S.D. Mar. 25, 2022). Colorado grants immunity from crimes found as a result of a call about … Continue reading

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NY Co.: SW for cell phone without time limitation was unreasonable

One search warrant for searching defendant’s phone with Cellebrite was without time limitation and was overbroad. People v. Gonzalez, 2022 NY Slip Op 22074, 2022 N.Y. Misc. LEXIS 928 (N.Y.Co. Mar. 7, 2022). Defendant claimed his jail calls after 48 … Continue reading

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D.Mass.: Pretrial inmate mail was subject to search even though inmate handbook didn’t discuss it

While the pretrial inmate handbook didn’t say that outgoing mail was subject to inspection, the Supreme Court held in Stroud in 1919 that such searches were reasonable. And this one was too. United States v. Polanco, 2022 U.S. Dist. LEXIS … Continue reading

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NY Co.: Failure to execute SW in ten days voids it

The search warrant wasn’t executed within 10 days as required by statute where it had to be returned to the court if not. Suppressed. People v. Tonner, 2022 NY Slip Op 50175(U), 2022 N.Y. Misc. LEXIS 833 (N.Y. Co. Feb. … Continue reading

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E.D.Mo.: Covid delay in 48 hour McLaughlin rule not unreasonable

A 12 hour delay past the 48 hour McLaughlin rule for a finding of probable cause was not shown to be unreasonable because of Covid delays and the temporary shutdown of the St. Louis federal courthouse for cleaning. United States … Continue reading

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C.D.Ill.: Jail telephone provider can’t be sued under the 4A for recording telephone calls

A jail telephone provider can’t be sued under the Fourth Amendment for recording telephone calls. An alleged violation of the Illinois wiretapping statute is not a constitutional violation. Hunt v. Securus Techs., 2022 U.S. Dist. LEXIS 26452 (C.D.Ill. Feb. 15, … Continue reading

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CA10: Tasing a fleeing suspect is the seizure

Defendant continued to flee when he was finally Tasered. Then he was seized. United States v. Jeffers, 2022 U.S. App. LEXIS 3131 (10th Cir. Feb. 3, 2022). Plaintiff complains that inmate porters came into his prison cell and went through … Continue reading

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W.D.Ky.: Confiscation of legal mail in prison is a 1A claim, not a 4A

“Because it is the First and Fourteenth Amendment, and not the Fourth Amendment’s prohibition against unreasonable search and seizure that protects against the reading and confiscation of legal mail by prison officials, the Court will dismiss Plaintiff’s Fourth Amendment claim … Continue reading

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E.D.Mich.: No standing to claim knock-and-announce violation of another’s house

Plaintiff has no standing to complain of a knock-and-announce violation of another person. “Here, Plaintiff does not even claim that he had a legitimate expectation of privacy in McMullen’s house. But even if he did make such a claim, the … Continue reading

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OH10: No REP in possession of a stolen laptop that sent its location information

Appellant’s motion to reopen his appeal to reargue his Fourth Amendment claims is denied. Not one thing he proffers can change the outcome of the appeal. There was a basis for a GPS warrant on his vehicle, and there was … Continue reading

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MI: No REP in overheard jail conversations between cells recorded through intercoms

Defendants were in jail together, in separate cells 20′ apart (#1 & #4) and talking about their case through the doors’ openings. Jailers could overhear them. “When jail personnel noticed that defendants were communicating with each other by speaking loudly … Continue reading

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D.Nev.: Private prison’s recording of attorney-client calls states a claim

A criminal defense lawyer stated a claim against a private prison operator under the wiretapping laws for recording attorney-client calls. Bliss v. Corecivic, 2022 U.S. Dist. LEXIS 10953 (D.Nev. Jan. 18, 2022). 2254 petitioner’s illegal search claim barred by Stone. … Continue reading

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CA9: Public electric utility cutting off one’s power is not a 4A seizure

The public electric utility cutting off one’s power is not a Fourth Amendment seizure. Lull v. County of Sacramento, 2022 U.S. App. LEXIS 1408 (9th Cir. Jan. 19, 2022). There was probable cause on the totality, including a showing of … Continue reading

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