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 for failure to state a claim upon which relief may be granted.” Bray v. Mazza, 2022 U.S. Dist. LEXIS 16732 (W.D.Ky. Jan. 31, 2022).

“‘Generally, a mere passenger does not have standing to challenge a vehicle search where he has “neither a property nor a possessory interest in the automobile.”’” He had to allege some further connection to the vehicle such as ownership or greater permission to control than just sitting in it. United States v. Young, 2022 U.S. Dist. LEXIS 16789 (E.D.Mo. Jan. 31, 2022).*