{"id":46862,"date":"2021-01-14T12:25:35","date_gmt":"2021-01-14T17:25:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46862"},"modified":"2021-01-14T12:25:35","modified_gmt":"2021-01-14T17:25:35","slug":"tx11-no-spousal-privilege-in-recorded-jail-calls","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46862","title":{"rendered":"TX11: No spousal privilege in recorded jail calls"},"content":{"rendered":"\n<p>Defendant\u2019s jail calls to his wife were not privileged because he knew from the recording at the start of the call that it was being recorded. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=027e35f2-bd14-45ef-99c3-834a4584a181&amp;MediaID=3c7ec428-8926-486c-8341-e14beb46ead6&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Newman v. State<\/a>, 2021 Tex. App. LEXIS 293 (Tex. App. \u2013 Eastland Jan. 14, 2021).<\/p>\n\n\n\n<p>Summary judgment for the defense is denied for the time being on plaintiff\u2019s claim she was unreasonably strip searched in temporary custody at jail without reasonable suspicion and where she never went into general population. While her burden is heavy, on defendants\u2019 motion, she could never prevail despite undisputed facts that favor her. Blake v. Lambert, 2021 U.S. Dist. LEXIS 6677 (N.D. Miss. Jan. 12, 2021).*<\/p>\n\n\n\n<p>Petitioner\u2019s successor petition is based on the court\u2019s supposed failure to properly address his motion to suppress via a denied mistrial motion. That was previously ruled on, and it\u2019s now barred. In re Garrett, 2021 U.S. App. LEXIS 956 (11th Cir. Jan. 13, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s jail calls to his wife were not privileged because he knew from the recording at the start of the call that it was being recorded. Newman v. State, 2021 Tex. App. LEXIS 293 (Tex. App. \u2013 Eastland Jan. 14, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46862\">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":[126,114,41],"tags":[],"class_list":["post-46862","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-privileges","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46862","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46862"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46862\/revisions"}],"predecessor-version":[{"id":46863,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46862\/revisions\/46863"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46862"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46862"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46862"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}