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No violation of Fourth or Sixth Amendments in listening to phone call while awaiting breath test

By John Wesley Hall, Jr.

Plaintiff did not state a claim for violation of Fourth and Sixth Amendment rights because the police recorded a telephone call between him and his lawyer while awaiting a breath test. An officer was in the room, and he was being videorecorded at the time. The events leading up to the breath test was not a critical stage. Mattson v. Becker County, 2008 U.S. Dist. LEXIS 61510 (D. Minn. August 12, 2008): The Eighth Circuit's holding in Sherbrooke dictates that Mattson's claim of being subjected to an unconstitutional search and seizure fails and Defendants are granted summary judgment on this claim. Mattson knew that Haverkamp was in the room during his conversation with his attorney and thus could not reasonably expect that his conversation was private...continue to full post

Full post as published by Fourth Amendment on August 15, 2008 (boomark / email).