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Article • August 15, 2008 • from PLN August, 2008
Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX by David Reutter by David Reutter & Matt Clarke In December 2007, it was reported that an investigator at Florida’s Charlotte County Jail was caught listening to telephone conversations between a prisoner and his attorney. As a …
Article • May 15, 2008
Monitoring and Limiting Phone Calls by Kansas Prisoners Upheld by Prisoners can make telephone calls only collect and to persons previously placed on a list limited to 10; calls can be recorded and monitored; calls are automatically terminated when the outside party tries to transfer the call or make it …
Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk by The plaintiff civilian employee found a microphone by her desk; her supervisor admitted he had bugged her because he thought there were racial problems in the office. He was suspended; nothing happened to her. She had no claim against …
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities …
Article • January 15, 2008
CA Prisoner's Convictions for Conspiracy to Smuggle Drugs Vacated for Bad Jury Instructions by Jaime Jasso, a California state prisoner, made several phone calls to someone outside of prison named Ruben. Guards monitored those calls and discovered that their purpose was for Passo to give Ruben directions for obtaining drugs …
Article • December 15, 2007 • from PLN December, 2007
Scottish Court Holds Prison Phone Call Imprinting Violates European Convention On Human Rights by Lord Glennie of the Court of Session in Edinburgh, Scotland ruled that the blanket policy of imprinting all prisoner originated phone calls with the warning, "This call originates from a Scottish prison" violated the European Convention …
Article • December 15, 2007
Using Jail Phones After Verbal and Posted Warnings of Recording Implies Consent by California detainee David Windham appealed a decision holding that recordings of jail-placed phone conversations were lawful and could be used for conviction purposes. Windham asked his girlfriend for money while shopping. She refused and he followed her …
Brief • September 21, 2007
Sawchuck v. Jenne, FL, Order on SJ, Attorney-Client Communications, 2007 Case 0:06-cv- 61182- KAM Document 51 Entered on FLSD Docket 09/21/2007 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06- 61182- Civ- MARRNJOHNSON JOSEPH SAWCHUCK and RICHARD SPENCER individually and on behalf of all …
Government Segregates Muslim Prisoners Restricts Phone Calls and Visits by Government Segregates Muslim Prisoners, Restricts Phone Calls and Visits By William Fisher Legal authorities are charging that racial profiling is responsible for low-risk Muslim prisoners convicted for crimes the Justice Department intimates are terror-related being held in a segregated unit, …
Florida’s Broward County Jail: Abuse and Misconduct As Usual by David Reutter Florida's Broward County Jail: Abuse and Misconduct As Usual by David M. Reutter Despite Florida's Broward County jail (BCJ) being under the supervision of a court-appointed monitor, recent incidents reveal prisoners are still at danger. BCJ has been …
Article • May 15, 2007
Evidence From Tape-Recorded Conversation Not Admissible by In this criminal proceeding, the Supreme Court of California held that evidence from a car towed from defendant's apartment was admissible, but evidence from a tape-recorded conversation between the defendant and his wife was not. After his arrest, defendant's wife was permitted to …
Article • May 15, 2007
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Article • May 15, 2007
Notice Implies Consent to BOP Jail Phone Recordings by The criminal defendants were convicted based in part on recordings of their telephone calls from jail. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 generally forbids telephone surveillance without a warrant, but has exceptions for instances …
Article • May 15, 2007
Monitored Jail Phone Calls Admissible Evidence by The criminal defendants' telephone conversations were tape-recorded pursuant to standard jail policy. They could be used as evidence notwithstanding the protections against telephone surveillance of the Omnibus Crime Control and Safe Streets Act. Their recording fell into the statute's exception for interception "by …
Article • May 15, 2007
Bad Faith Allegation Not Required in 1983 Action by The U.S. Supreme Court held that a plaintiff in a 42 U.S.C. §1983 action is not required to plead the defendant acted in bad faith. Carlos Riviera Gomez, a Puerto Rico police officer, was subpoenaed to testify in a criminal case …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
Article • May 15, 2007
Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect by Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect The Eighth Circuit Court of Appeals held the government proved that robberies of a jewelry store affected interstate commerce and the …
New BOP Program Isolating Muslim, Middle Eastern Prisoners by by Jennifer Van Bergen The US Department of Justice has implemented a secretive new prison program segregating ?high-security-risk? Muslim and Middle Eastern prisoners and tightly restricting their communications with the outside world in apparent violation of federal law, according to documents …
Article • May 15, 2007
No Subpoena Required to Record Prison Phone Calls by The court of appeals for the Second circuit held that federal prisoners at the USP in Lewisburg, Pennsylvania, had received adequate notice that their phone calls were monitored and recorded. In this criminal prosecution for prison drug trafficking, the court held …
Collect Call Phone System Doesn't Violate Right to Court Access by A federal district court in Tennessee held that no constitutional violation occurred when a Tennessee prison replaced its coin operated phones with a coinless, collect call only phone system. Lawsuit was brought in context of access to counsel and …
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