Should Inmates Have An Expectation Of Privacy In Prison Email?

The saga continues for Angela Aguilar, the Mexican woman arrested for alleged violation of the FCPA. Aguilar was arrested in August 2010 and remains in jail without bond. Her husband was also indicted, but he has not been apprehended. Now, it appears that Aguilar’s counsel is trying to get all charges dropped based on misconduct of the government prosecution. Aguilar’s attorney filed a Motion to Dismiss her indictment for Prosecutorial Misconduct.


So, what did the prosecution do that was so bad? The motion alleges that the prosecution violated the attorney-client privileges by intercepting email sent through the correction email system provided for use by inmates. The government also allegedly violated Aguilar’s spousal privilege by monitoring emails and phone conversations between Aguilar and her fugitive husband. These allegations sound bad for the government, but should the entire case against Aguilar be dismissed as a result? Sure, a dismissal would send a big warning to the prosecution that they better play by the rules or risk losing a big case.

Did the government break the rules? There is a piece of information missing and that is the agreement concerning use of the inmate email system. Does the corrections system furnish the equipment and access to the Internet and what do inmates sign before they are allowed to use the Internet. Does the prison system provide internet access similar to the employer/employee relationship where the employee (the inmate in this case) is warned that they should not have any expectation of privacy because the employer (the government in this case) furnishes the equipment and access? Should prisoners have an expectation or a right to privacy for email communications sent from equipment and Internet provided by the government? We may need a little more information, but what do you think?