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Haute Federal Correctional Institution in Indiana. Under the CMU program, telephone communications must be conducted using monitored phone lines, be live-monitored by staff, are subject to recording
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 ...
that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone for the purpose of gathering intelligence regarding
Article • May 15, 2007
, who argued the trial court abused its discretion by admitting testimony of his former attorney and a tape recording of a telephone conversation with that attorney. Black called his sister, who
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 ...
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
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
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 ...
' telephone calls, (2) from barring outgoing calls other than collect calls, and (3) to allow "prompt telephone access to residents in cases of family emergency." The SCC had repeated notice of what it must
Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Nebraska Prisoners Win Summary Judgment on Phone Access and Monitoring Issues by Matthew T. Clarke A Nebraska state district court granted Nebraska state prisoners' summary judgment on issues involving the monitoring and recording of phone calls to government ...
Article • July 15, 2003 • from PLN July, 2003
of arson and two counts of first degree murder. Unbeknownst to her, while awaiting trial in county jail, her telephone conversations with non-attorney visitors were recorded - at the request of the district
§2510(5) this latter phrase is defined as specifically excluding telephones being used by law enforcement (including prison authorities). Thus while the law includes specific equipment related
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award
Article • August 15, 2001 • from PLN August, 2001
: craftwork, cards and, of course, the telephone. Some women even call their children every day to help them with their homework. Others call to make sure the children get off to school on time or get home
Article • April 15, 2001 • from PLN April, 2001
credit card and telephone scam he ran from behind bars. Lonny Lee Bristow, 27, was already serving a 9year 11month sentence at the Southern Ohio Correctional Facility in Lucasville, OH, for retaliation
) intercepted telephone calls from the prisoners, including confidential and privileged legal communications. Section 2520 of the Act creates a private right of action for any person whose oral communication
Article • May 15, 1998 • from PLN May, 1998
of such systems. This ruling arose from an indirect challenge to the Massachusetts Inmate Telephone System (MITS). The MITS requires prisoners to obtain a personal identification number to call 15 pre-approved
on prisoners' telephone access may violate the First and Fourteenth Amendment. Tucker v. Randall, 948 F.2d 388, 391 (7th Cir. 1991). Denial of attorney telephone calls, furthermore, would run afoul of the Sixth
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