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Brief • January 11, 2010
Andersen v. Becker County, MN, Settlement, Monitoring of Atty Calls, 2010 CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA -----------------------------------------------------------) KENNETH E. ANDERSEN and ) CIVIL ACTION DELL D. HOLM, on behalf of ) NO. 08-5687 (ADM/RLE) themselves and all others ...
Article • December 15, 2009
Washington Prisoner’s Privacy Rights Not Violated by Recording Jail Phone Calls by Division One of the Washington State Court of Appeals has held that recording a prisoner’s jail telephone conversations does not violate privacy interests under the Washington Constitution, article 1, section 7. Before the Court was the appeal of ...
Obama Administration Accused Again of Concealing Bush-Era Crimes by Matt Renner Monday 12 October 2009 by: Matt Renner, t r u t h o u t | Report President Obama promised to usher in a new era of government transparency when he was sworn into office nine months ago. On ...
Brief • September 28, 2009
Andersen v. Becker County, MN, Order, Monitoring of Atty Calls, 2009 CASE 0:08-cv-05687-ADM-RLE Document 68 Filed 09/28/09 Page 1 of 29 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kenneth E. Andersen and Dell D. Holm, on behalf of themselves and all others similarly situated, and William K. Bulmer, II, on ...
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 administrative regulation 205.3 (AR 205.3) of the Department of Correctional Services (DCS), which restricts prisoner phone calls to land-line, nonconference-call recipients and authorizes tape-recording of all non-attorney ...
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 exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott ...
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 ...
Nebraska Appeals Court: Failure to Exhaust Remedies Jurisdictional Defect by The Nebraska Court of Appeals held in this case that a prisoner's failure to exhaust his administrative remedies deprived the district court of jurisdiction over his civil rights lawsuit. On May 22, 2003, Dukhan Iqraa Jihad Mumin, a Nebraska prisoner, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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
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 ...
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