People v. Diaz

The Court of Appeals held that a correctional facility’s release to prosecutors or law enforcement agencies of recordings of nonprivileged telephone calls made by pretrial detainees, who are notified that their calls will be monitored and recorded, does not violate the Fourth Amendment. Defendant was charged with multiple offenses and committed the custody of the New York City Department of Correction. At trial, the prosecution sought to introduce excerpts of four phone calls Defendant made from prison recorded by DOC containing incriminating statements. Supreme Court admitted the recordings into evidence. The Appellate Division affirmed, concluding that the DOC’s failure to notify Defendant that the recordings of his calls may be turned over to prosecutors did not render the calls inadmissible. The Court of Appeals affirmed, holding (1) detainees, who are informed of the monitoring and recording of their calls, have no objectively reasonable constitutional expectation of privacy in the content of those calls; and (2) therefore, a correctional facility does not violate the Fourth Amendment when it records and monitors detainees’ calls and then shares the recordings with law enforcement officials and prosecutors. View "People v. Diaz" on Justia Law