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Brief • September 28, 2009
/09 Page 6 of 29 Officer Baumann also testified that after he listens to an attorney call, he looks through the remainder of the call log in storage and deletes all the calls to that number. Id. at 140
Article • August 15, 2009 • from PLN August, 2009
Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster by John Dannenberg by John E. Dannenberg The Nebraska Court of Appeals has upheld
No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation
Suit Filed Over Minnesota Jail’s Secret Recording of Privileged Phone Calls by Matthew Clarke Suit Filed Over Minnesota Jail’s Secret Recording of Privileged Phone Calls by Matt Clarke On October 15, 2008, a Minneapolis law firm filed a civil rights suit in federal district court alleging that attorney-client phone calls ...
Article • February 15, 2009
Ninth Circuit Upholds Admission of Statements to Police in Phone Conversation Absent Miranda Warning by Washington State prisoner Habib Saleh sought review of his federal habeas corpus denial challenging the admission of statements made in a voluntary phone conversation he initiated at his trial for first degree murder. The court ...
-Netix Telephone Company, which operated the prison "calling system." Mumin claimed, among other things, that the monitoring and recording of his "private telephone conversations involving discussions
Article • August 15, 2008 • from PLN August, 2008
Department claimed the attorney calls had been recorded due to an “inadvertent glitch” in the phone system, according to the Union Tribune. The system was not supposed to record calls placed to phone numbers
Article • May 15, 2008
to contact such "privileged persons" on a case by case basis. These calls are subject to monitoring. Courts are divided over whether there is any First Amendment right to telephone access at all. The court
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 ...
, both incoming and outgoing." The court distinguishes telephone monitoring cases because in those the monitoring was done pursuant to an ongoing security-related program. At 292: "No case holds
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 ...
Management Unit (CMU), and is located in the medium security federal prison at Terre Haute, Indiana. Its occupants are almost entirely Muslims. Under the CMU program, telephone communications must
recorded all phone calls, including privileged calls between prisoners and their lawyers. A BSO official claimed the recording was due to a "glitch" in the phone system, and only one attorney call had been
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 ...
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 ...
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 ...
Article • May 15, 2007
handbook and twice during orientation that all calls other than attorney calls are monitored. Further, Hammond signed a consent form agreeing to monitoring. It found that Hammond's consent was an exception
Article • May 15, 2007
Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his
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