E. Cell phone searches and Carpenter

Drug Induced Homicide Defense Toolkit

The lack of evidence-based treatment behind bars is actually a matter of life or death.

The first moment this risk of death arises is when people are arrested while still under the

influence. Failing to treat their withdrawal symptoms can result in death. When this

happens, it exposes jurisdictions to significant civil liability. Several jurisdictions have

paid significant settlements and judgments in these cases.227

E. Cell phone searches and Carpenter

Cell phones automatically collect, store, and transmit an enormous amount of data

about their users. Consequently, information obtained from cell phones, their

manufacturers, service providers, and app developers has come to play a crucial role in

criminal investigations. In this section, we highlight some of the important legal and

227See, e.g.,Associated Press, Snohomish County To Pay $1m Settlement Over Woman ’ s Heroin Withdrawal Death In Jail, Seattle Times (Oct. 28, 2019), https://www.seattletimes.com/seattle-news/crime/snohomish-county-to-pay-1m-lawsuit-over-inmates-heroi n-withdrawal-death/; Jo Ciavaglia, Family Files Lawsuit in 2018 Death of Bucks County Inmate, Bucks County Courier Times (May 21, 2019), https://www.buckscountycouriertimes.com/news/20190521/family-files-lawsuit-in-2018-death-of-bucks-co unty-inmate (noting $300,000 in settlements from withdrawal deaths at a Pennsylvania jail); Maxine Bernstein, Record $10 Million Judgment Awarded In Washington County Jail Heroin Withdrawal Death, The Oregonian (Dec. 7, 2018), https://www.oregonlive.com/crime/2018/12/record-10-million-judgement-awarded-against-corizon-health-i n-death-of-washington-county-jail-inmate.html; Maryclaire Dale, Pennsylvania County Pays Teen ’ s Family Nearly $5M Over Heroin Withdrawal Death in Jail, NBC Philadelphia (Oct. 24, 2018), https://www.nbcphiladelphia.com/local/settlement-jail-heroin-withdrawal-death/58460/.

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