687 F. App'x 183
3d Cir.2017Background
- Stanishia, a convicted murderer serving life (plus later Kansas sentences), allegedly arranged threats against witness Christopher Bertz from prison and solicited a recantation affidavit.
- FBI learned of the threats and suspected Stanishia possessed a contraband cell phone; Agent Rardain asked prison investigator Todd Cordial to investigate.
- Prison CCTV showed Stanishia in a cleaning-closet area during calls; another inmate, Jody Six, stood watch outside the closet.
- On August 24, 2014, prison officials searched the closet and Six’s living area; they seized Stanishia’s personal papers from a laundry bag as contraband (inmate prohibited from holding others’ property). No phone was found then.
- After obtaining a warrant, FBI searched the dorm on October 9 and recovered two cell phones and additional evidence. Stanishia was indicted federally and moved to suppress evidence from the August 24 search; the motion was denied, he was convicted, and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the August 24, 2014 search violated the Fourth Amendment | Stanishia: the search was at law enforcement’s request and so Cohen exception applies; entitled to limited Fourth Amendment protection | Government/Prison: convicted prisoners have no Fourth Amendment privacy in cells; search was proper for institutional security and would have occurred regardless | Court: Convicted prisoners lack Fourth Amendment privacy in cells; Cohen not applicable; search was lawful |
Key Cases Cited
- Hudson v. Palmer, 468 U.S. 517 (1984) (convicted prisoners do not have Fourth Amendment privacy rights in their cells; prison administration requires unrestricted cell searches)
- United States v. Lafferty, 503 F.3d 293 (3d Cir. 2007) (standards for appellate review of suppression rulings: clear-error for facts, plenary for legal conclusions)
- United States v. Cohen, 796 F.2d 20 (2d Cir. 1986) (recognized limited Fourth Amendment protection for pretrial detainee whose cell was searched at law enforcement’s request)
- Willis v. Artuz, 301 F.3d 65 (2d Cir. 2002) (declined to extend Cohen’s pretrial-detainee protection to convicted prisoners)
- Parkell v. Danberg, 833 F.3d 313 (3d Cir. 2016) (distinguishes limited privacy rights for bodily searches from lack of privacy in possessions/space for convicted prisoners)