Prosecutors argued that case law supports that investigators had the right to access to Brooks’ jail cell, and also felt that the search qualified for a warrant. The defense disagreed, citing other case law that limited access to jail cells to certain circumstances only, particularly jail security.
But Dorow cited a U.S. Supreme Court case in which justices summarized that “society is not prepared to recognize” privacy in a jail cell, especially when investigators sought a warrant to conduct the search.