{"id":51233,"date":"2022-01-24T07:13:37","date_gmt":"2022-01-24T12:13:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51233"},"modified":"2022-01-24T07:41:15","modified_gmt":"2022-01-24T12:41:15","slug":"mi-no-rep-in-overheard-jail-conversations-between-cells-recorded-through-intercoms","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51233","title":{"rendered":"MI: No REP in overheard jail conversations between cells recorded through intercoms"},"content":{"rendered":"\n<p>Defendants were in jail together, in separate cells 20&#8242; apart (#1 &amp; #4) and talking about their case through the doors&#8217; openings. Jailers could overhear them. \u201cWhen jail personnel noticed that defendants were communicating with each other by speaking loudly through their respective \u2018bean chutes\u2019 [the door slots], they activated the cells&#8217; intercoms and recorded defendants&#8217; conversations. Defendants made incriminating statements during the conversations.\u201d <a href=\"https:\/\/www.courts.michigan.gov\/48f799\/siteassets\/case-documents\/uploads\/opinions\/final\/coa\/20220120_c352561_83_352561.opn.pdf\">People v. Bembeneck<\/a>, 2022 Mich. App. LEXIS 380 (Jan. 20, 2022).<\/p>\n\n\n\n<p>Defendant lacked standing in one cell phone that was searched but not another. United States v. Currie, 2022 U.S. Dist. LEXIS 11338 (D.Md. Jan. 21, 2022).*<\/p>\n\n\n\n<p>In a state search warrant, there was probable cause for installation of a GPS device on defendant\u2019s girlfriend\u2019s car that he often drove and for his apartment. Moreover, the good faith exception applies. United States v. Clark, 2021 U.S. Dist. LEXIS 251322 (W.D.N.Y. Dec. 3, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendants were in jail together, in separate cells 20&#8242; apart (#1 &amp; #4) and talking about their case through the doors&#8217; openings. Jailers could overhear them. \u201cWhen jail personnel noticed that defendants were communicating with each other by speaking loudly &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51233\">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":[17,113,18,34],"tags":[],"class_list":["post-51233","post","type-post","status-publish","format-standard","hentry","category-gps-tracking-data","category-prison-and-jail-searches","category-reasonable-expectation-of-privacy","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51233","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=51233"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51233\/revisions"}],"predecessor-version":[{"id":51239,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51233\/revisions\/51239"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51233"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51233"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}