Summary
noting that "[n]umerous courts . . . have held as a matter of law that there is no reasonable expectation of privacy in outgoing telephone calls from a prison, even if there is no actual notice that the calls will be intercepted."
Summary of this case from Witchard v. MoralesOpinion
CASE NO. 08-60179-CR-MARRA.
January 5, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Report and Recommendation [DE 68] issued by United States Magistrate Judge James M. Hopkins on the Defendant's Motion for Production of Confidential Informant's Name and File [DE 51], Motion to Suppress All Evidence and Fruits Derived from Illegally Intercepted Jail Telephone Calls [DE 39], Motion in Limine to Exclude Jail Telephone Conversation and Transcript [DE 37], Motion for Early Jencks Disclosure [DE 38] and Motion to Suppress Evidence Seized Pursuant to Search Warrant [DE 40]. The court has considered the Report and Recommendation, the objections filed by the defendant and being otherwise fully advised in the premises it is
ORDERED and ADJUDGED that the Report and Recommendation is hereby adopted and affirmed in its entirety and the motions are DENIED, except that the Court will reserve ruling on the question of whether the tape recording and transcript of Defendant's telephone conversation from the jail will be admitted under Fed.R.Evid. 403 until the Court has had an opportunity to hear the tape recording and review the transcript.
DONE and ORDERED in West Palm Beach, Florida.