Category Archives: Prison and jail searches

E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

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S.D.N.Y.: Warrantless seizure of a vehicle to pay fines violates 4A and 14A

The warrantless seizure of a vehicle because of owed fines violates the Fourth and Fourteenth Amendments. Santander Consumer USA, Inc. v. City of Yonkers, 2022 U.S. Dist. LEXIS 164416 (S.D.N.Y. Sep. 12, 2022). Pretrial detainees also have no reasonable expectation … Continue reading

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D.Idaho: This protective sweep was based on speculation and was unreasonable

Here, the protective sweep claim of the government was factually based on speculation, and was unreasonable. United States v. Iverson, 2022 U.S. Dist. LEXIS 156914 (D. Idaho Aug. 29, 2022). Defendant’s stop for suspieion of criminal activity was reasonable. United … Continue reading

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CA6: No QI for 3 strip searches a day for inmate in segregation

Plaintiff’s prison warden denied qualified immunity for ordering three strip searches a day on plaintiff when he was in segregation. Fugate v. Erdos, 2022 U.S. App. LEXIS 23208 (6th Cir. Aug. 18, 2022). “The defendant officers were attempting to locate … Continue reading

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W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

Defendant’s jail cell was subjected to a shakedown search, and it was reasonable. His claim of procedural due process safeguards come from civil cases and don’t apply. United States v. Arrington, 2022 U.S. Dist. LEXIS 142770 (W.D.N.Y. Aug. 10, 2022). … Continue reading

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D.Minn.: No 4A claim for seizure of legal papers in prison

There is no Fourth Amendment claim for seizure of legal papers when an inmate was moving within a prison. Smith v. Starr, 2022 U.S. Dist. LEXIS 139361 (D. Minn. Aug. 5, 2022). “Following the arrest, however, the agents lawfully knew … Continue reading

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E.D.Cal.: 4A does not require medical personnel participate in a prison strip search

The Fourth Amendment does not require medical personnel participate in a prison strip search. Graham v. Wright, 2022 U.S. Dist. LEXIS 136026 (E.D. Cal. Aug. 1, 2022). Defendant’s stop for late night knocking on the door of a house where … Continue reading

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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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