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Article • June 15, 1995 • from PLN June, 1995
Filed under: Searches, Computer Searches
DOJ Issues Guidelines for Seizing and Searching Computers by The Department of Justice has issued its guidelines concerning the search and seizure of computers and related equipment and information. The guidelines were compiled by attorneys, technical experts and agents from nearly a dozen law enforcement agencies and address a wide …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • May 15, 1995 • from PLN May, 1995
NC DNA Testing Statute Upheld by Past issues of PLN have reported on the legal and political issues involved in DNA testing. Several states and the federal government have passed laws in the last five years which mandate the taking of blood from prisoners in order to compile a DNA …
Article • March 15, 1995 • from PLN March, 1995
Liability for Filming Search Affirmed by In the November, 1994, issue of PLN we reported Ayeni v. Mottola, 848 F Supp 362 (ED NY 1994) which denied qualified immunity to Secret Service (SS) agents who allowed a CBS television crew to film the search of a familys home. The Ayeni …
Contempt Finding Reversed by In 1980 prisoners at the Iowa State Penitentiary (ISP) entered into a consent decree, Dee v. Brewer, with prison officials which prohibited guards from searching or removing prisoners legal papers from their cells when the prisoner was not present, unless exigent circumstances existed. In 1993 ISP …
Visitor Search Held Illegal by Lenora Daugherty frequently visited her husband at the Turney Center, a Tennessee state prison. Prior to one of Daughertys visits a prison guard told the warden that he had received information that she was smuggling drugs into the prison. The warden also received two letters …
No Immunity for Visitor Strip Search by Tina Spear regularly visited her boyfriend, Daniel Wade, at the Northpoint Training center, a Kentucky state prison. Upon arriving for a visit on Christmas day in 1990 prison officials told her she would not be allowed to visit Wade unless she submitted to …
Brief • February 1, 1995
Filed under: Vehicle Searches, Police
Ruvalcaba v. City of Los Angeles, CA, Petition for Writ of Certiorari, Police Traffic Stops, 1995 No. 95-______ ______________________________________ IN THE SUPREME COURT OF THE UNITED STATES OCTOBER TERM 1995 ______ ENRIQUE RUVALCABA, Petitioner, vs. CITY OF LOS ANGELES, et al., Respondents. ______________________________________ PETITION FOR A WRIT OF CERTIORARI TO …
Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …
Altered Disciplinary Evidence Violates Due Process by John Grillo is a New York state prisoner. He was infracted after a urinalysis allegedly showed he was positive for the use of opiates. He was found guilty at the disciplinary hearing and sentenced to 360 days in segregation and the loss of …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
Article • November 15, 1994 • from PLN November, 1994
WA Digital Probe Suits Barred by In 1984 the Washington state DOC opened two control units and initiated a policy whereby all prisoners transferred to the Intensive Management Units (IMU) were subjected to a digital rectal probe, or digital rape, upon entry. The "searches" were conducted on a blanket basis …
Article • October 15, 1994 • from PLN October, 1994
CBS Liable for Filming Search by This case has nothing to do with prison litigation. We are reporting it because it deals with the ongoing propaganda war being waged against criminal defendants and poor people. It is the first reported court decision to hold a television broadcaster liable for accompanying …
Correct Jury Instructions Needed for Beating Trial by Keith Howard is a Missouri state prisoner. Upon returning to the prison after an outside medical visit, Howard was ordered to strip for a search. He refused and was thrown to the floor by several guards, hand-cuffed, forcibly stripped and taken to …
Article • August 15, 1994 • from PLN August, 1994
Statistics Under Attack: F.B.I. Director Speaks out in Support of DNA Profiling by Dale Gardner By Dale Gardner The method used by the FBI to calculate the frequency of a DNA match has been questioned in a recent paper. It is reported that the FBI calculates match probability based upon …
Article • July 15, 1994 • from PLN July, 1994
NM Visitors May Refuse Searches by Diane Castro is married to a New Mexico state prisoner. Prison officials received an anonymous telephone call stating that Castro was smuggling drugs to her husband at the Southern New Mexico Correctional Facility (SNMCF). Upon her next visit Castro was taken to a conference …
Article • July 15, 1994 • from PLN July, 1994
Photos Unlawful by Scott Lattany was a federal pretrial detainee representing himself pro se on criminal charges in Philadelphia. Lattany was taken from his cell to the jail parking lot where he and other prisoners were photographed by U.S. Marshalls. Lattany protested the picture taking as illegal and racist, one …
Article • July 15, 1994 • from PLN July, 1994
Urinalysis is Search by Anthony Lucero is a Colorado state prisoner. He refused prison official's order to submit a urine sample for urinalysis testing and was infracted, found guilty and punished for refusing to obey an order. Lucero filed suit under § 1983 claiming that the urinalysis violated his rights …
Cross Gender Strip Searches Illegal by David Canedy is a Wisconsin state prisoner. He filed suit claiming that during a shakedown of his housing unit female guards strip searched him, causing him embarrassment, humiliation and mental distress. Male guards were readily available and could have conducted the search. He also …
Article • June 15, 1994 • from PLN June, 1994
Public Strip Searches Unlawful by Alvin Canell is an Oregon state prisoner held at the Oregon Corrections Intake Center (OCIC), which is jointly operated by the Oregon DOC and Clackamas County. Upon arriving, leaving or after any trip outside of OCIC, prisoners are made to disrobe, lift their genitals, bend …
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