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Article • August 1, 2022 • from PLN August, 2022
Filed under: Self Incrimination, Miranda
Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly by Jacob Barrett by Jacob Barrett On September 9, 2021, the Oregon Court of Appeals affirmed the assault conviction of a prisoner based on statements he made during a jail disciplinary proceeding, agreeing with him that they were …
Article • December 1, 2019
Oregon Court of Appeals: Entering iPhone Passcode is Testimonial Act; Can Be Compelled if State Establishes Defendant’s Knowledge of Passcode is ‘Foregone Conclusion’ by Mark Wilson by Mark Wilson In a case of first impression, the Oregon Court of Appeals held that entering a passcode into a smartphone is testimonial …
Custodial Interrogation of Parolee Requires Miranda Warnings by The Pennsylvania Supreme Court held that a parolee subjected to custodial interrogation by parole agents concerning new crimes is entitled to receive Miranda warnings. Under the facts of this case, the court found the parolee’s incriminating statements should be suppressed. Nathan Cooley …
Iowa SOTP Requirement Does Not Violate Fifth Amendment by The Iowa Supreme Court has held that prison officials do not violate the Fifth Amendment by depriving convicted sex offenders of earned-time sentence reductions when they refuse to participate in a sex offender treatment program (SOTP) that requires them to admit …
Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment by The California Court of Appeals held that an arrestee who lies to jail booking officers about possessing a weapon violates a law prohibiting introduction of a weapon into a jail. The court also …
Article • May 15, 2012
Iowa Supreme Court Refuses Miranda Protection for Confession to Case Worker by Derek Gilna By Derek Gilna The Iowa Supreme Court has affirmed a lower-court decision denying defendant Jess John Pearson's Motion to Suppress, based upon the Miranda case for a voluntary confession given to his social worker, who interviewed …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Secret Justice: Criminal Informants and America’s Underground Legal System by Alexandra Natapoff I. Introduction Although it is almost invisible to the public, the use of criminal informants is everywhere in the U.S. justice system. From street corners to jails to courthouses to prisons, every year the government negotiates thousands of …
Article • May 15, 2010
Miranda Violation Leads to Reversal by In an initially unpublished opinion filed on August 25, 2009, a Washington appellate court reversed a district court ruling allowing into evidence an incriminating response on a medical questionnaire performed by jail personnel during the booking process. The case involved Virginia Lynn Denney, who …
Article • May 15, 2010
Massachusetts Supreme Judicial Court Rules No Privacy Right Exists for Jail Phone Calls by On September 11, 2009, the Supreme Judicial Court of Massachusetts held that jail prisoners had no right to privacy with respect to the recording of the non-legal phone calls they made while in jail, and the …
Article • April 15, 2009 • from PLN April, 2009
Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment by Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment Minnesota state prisoners Frank Johnson and John Henderson individually petitioned for writs of habeas corpus in 2005 after 45 days were added to their sentences for noncompliance …
Torture at Angola Prison: President Obama promises to close Guantanamo, but a court proceeding in Louisiana exposes brutality closer to home by Jordan Flaherty Torture at Angola Prison: President Obama promises to close Guantanamo, but a court proceeding in Louisiana exposes brutality closer to home by Jordan Flaherty The torture …
Un-Mirandized Oregon Prison Disciplinary Statements Suppressed; Syringe is a “Weapon” Under Oregon Law by The Oregon Court of Appeals has held that incriminating statements in prison disciplinary hearings cannot be used against prisoners in subsequent criminal proceedings if Miranda warnings are not given. In September 2003, a prisoner was murdered …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Court Upholds Kansas Sex Offender Treatment Protocol by The plaintiff, who pleaded nolo contendere to sexual exploitation of a child, was assigned to a Sexual Abuse Treatment Program, which requires that he sign an "Admission of Responsibility" form, listing all past behavior, charged or uncharged, that might have been a …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
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