A friend of mine were incarcerated in prison talking on his cell phone to some friends on the outside. The friends my friend were talking to phone were currently wire tap due illegal dog fighting, so now the federal government use the same illegal dog fighting wire tap warrant to tap my friend in prison cellphone which resulted in him being charged with drug conspiracy, but the original wire tap warrant was issued by the courts only for illegal dog fighting, " not drugs.
Come to find out that the guys my friend from prison were talking to were alrwady being watched by the Feds for illegal dog fighting, so in the process my friend were calling those guys having conversations and since the feds were already listening, they wire tapped his phone and charged him with drug conspiracy.
I'm just researching a Strong solid case law covering the above contents.
You are in over your head. This would depend on what was in the warrants and what was heard over the phone. Without knowing that, your legal research would be pointless. If the warrants were valid, then it wasn't "illegal" wire tapping. Your friend needs an experienced, licensed criminal defense attorney working this case for him.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
Stop trying to google a way out of this. Get your friend a lawyer. Here are the issues you face:
1) Cell phones are not legal for prisoners in prison.
2) The tap only need s to be on the one side. If they hear him call a tapped phone and commit a crime, then he is properly caught. They do not need to tap both sides of a call.
3) All communications from prisoners are subject to being listened to with the exception of legal communications with lawyers. So your friend had zero expectation of privacy.
4) They can extend a warrant to listen to others they suspect of being part of the dog fighting ring based on them calling the dog fighters. If other illegal activity comes up, they can use that.
There may be other factors that can invalidate the warrant but the underlying facts can lead to other charges. So all you do is buy time, not freedom.
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