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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 ...
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 ...
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued by The U.S. Supreme Court held that status as a Cabinet Officer is not in itself sufficient to invest that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone ...
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 ...
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 brother (an attorney) while in county jail. The trial court denied Friedman's suppression motion. Friedman appealed, claiming that the tape ...
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
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 ...
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
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 ...
Article • May 15, 2007
FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose by Affirming the decision of the U.S. District Court of Maryland, the U.S. Fourth Circuit Court of Appeals held that prisoners of the Bureau of Prisons (BOP) consent to have their telephone calls monitored and taped and that the Federal ...
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 ...
No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing ...
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
Secretly Recorded California Jail Phone Conversations May Be Used to Convict by John E Dannenberg by John E. Dannenberg The California Supreme Court held that jail detainees' unprivileged (non-attorney) phone conversations and visits may be secretly recorded and that that information may be used to convict. This ruling, which reversed ...
Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney ...
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 to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones ...
Article • August 15, 2001 • from PLN August, 2001
Notes From the Unrepenitentiary: Whose Security? by Marilyn Buck Notes From The Unrepenitentiary: Whose Security? by Marilyn Buck Two children, both with mothers imprisoned at FCI Dublin, died within a two-week period. Both children were adolescent boys, aged 13 and 9, repectively. One of the children ran away from his ...
Article • April 15, 2001 • from PLN April, 2001
Ohio 'Entrepreneur' Lands in Hot Water by An Ohio prisoner will spend an additional three years and three months in prison after pleading guilty to theft charges stemming from an elaborate credit card and telephone scam he ran from behind bars. Lonny Lee Bristow, 27, was already serving a 9year ...
Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court ...
Article • May 15, 1998 • from PLN May, 1998
Prison Phones Discussed by As more and more prison systems use automated phone systems that automatically record and monitor conversations there are increased questions about the legality of such systems. This ruling arose from an indirect challenge to the Massachusetts Inmate Telephone System (MITS). The MITS requires prisoners to obtain ...
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