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PEOPLE v. DIAZ

No. 9.

33 N.Y.3d 92 (2019)

122 N.E.3d 61

98 N.Y.S.3d 544

2019 NY Slip Op 01260

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMMANUEL DIAZ, Appellant.

Court of Appeals of New York.

Decided February 21, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , Appellate Advocates, New York City ( Dina Zloczower of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Leonard Joblove and Howard B. Goodman of counsel), for respondent.

The Legal Aid Society, New York City ( Steven B. Wasserman of counsel), for The Legal Aid Society, amicus curiae.

Morningside Heights Legal Clinic, Inc., Columbia Law School, New York City ( Brett Dignam and Megan Quattlebaum of counsel), for JustLeadershipUSA and others, amici curiae.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Aleksandr B. Livshits and Arielle F. Evans of counsel), and Brooklyn Defender Services, Brooklyn ( Lisa Schreibersdorf and Susannah Karlsson of counsel), for Brooklyn Defender Services and others, amici curiae.

Proskauer Rose LLP, Boston, Massachusetts ( William D. Dalsen of counsel), for Sanctuary for Families, Inc., amicus curiae.

OPINION OF THE COURT

The issue in this appeal is whether 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, violates the Fourth Amendment. We hold that detainees...

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