One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from Jack Jones. The Proposed Consent Decree does provide a heightened degree of transparency to the cell searches, and this is necessary since the inmates should be aware of exactly what is being confiscated from their cell and whether the cell search is conducted in a respectful manner. In this manner, the Proposed Consent Decree ensures that the basic human rights of the inmates are protected.
Despite...
As the Appellate Court Decision of Carter v. State demonstrates, Jack Jones should have been awarded a new trial as the sheet of paper should not have been admissible as evidence. While there remain contingent variables that would affect whether or not a new trial should have been awarded, such as whether or not Jones' lawyers filed for a new trial in a timely manner (the description of the situation makes no mention of how quickly Jones' lawyers initiated the civil action), the Proposed Consent Decree should contain some mention of the necessity to not admit any evidence that was extracted through unlawful procedures.
The Proposed Consent Decree thus does not adequately address the most pertinent aspects of the situation, focusing on the property damage that resulted from the search rather than the murder trial involving Jack Jones. Aspects of the Decree are under-inclusive while other aspects are over-inclusive; however, the overriding issue concerning the admissibility of evidence that was wrongfully obtained remains unaddressed.
