E.D.Cal.: Contraband cell phone in prison can be wiretapped outside of Title III

Because there is no reasonable expectation of privacy in a prison or in a cell phone in prison, a contraband cell phone can be wiretapped without a Title III warrant. United States v. Bash, 2022 U.S. Dist. LEXIS 180680 (E.D. Cal. Sep. 30, 2022).

Probable cause was shown for defendant’s arrest warrant. The CI was adequately corroborated. The fact the CI wasn’t adequately searched before his interaction with defendant, that was before the jury to weigh whether the CI planted the drugs. State v. Cutlip, 2022-Ohio-3524, 2022 Ohio App. LEXIS 3332 (7th Dist. Sep. 30, 2022).*

The search warrant for defendant’s Instagram account was based on a child’s father discovering from see it that defendant was selling tobacco to the minor. State v. Boyd, 2022-Ohio-3523 (7th Dist. Sep. 30, 2022).*

On the totality of circumstances, it was objectively reasonable for officers to believe that defendant consented to an entry and search of his house for firearms. They asked to see them, and he took the officers inside. United States v. Macon, 2022 U.S. Dist. LEXIS 180399 (D. Conn. Oct. 3, 2022).*