The Second Circuit has decided that prisoners have no right to privacy in their prison cells.

"Finding that a "convict has no expectation of privacy in his prison cell," despite the fact that the search is unrelated to the legitimate needs of institutional security, the 2nd Circuit upheld the dismissal of a civil rights action brought by George Willis in Willis v. Artuz, 00-176. "

The leading Supreme Court case on the issue is Hudson v. Palmer, 468 U.S. 517 (1984) which ruled "society is not prepared to recognize as legitimate any subjective expectation of privacy that a prisoner might have in his prison cell ... "

Yet, after that, the Second Circuit ruled for a prisoner in United States v. Cohen, 796 F. 2d 20 (2d Cir. 1986).

So how did the Second Circuit distinguish the Willis case to rule against him? On the grounds that Cohen was a pre-trial detainee and Willis had already been convicted. So, the ruling is a pre-trial detainee still has a right of privacy in his prison cell while a convicted prisoner does not.

Sure, we know all about the legal differences between those who are convicted and those merely charged with a crime. But in this context, we think it is splitting hairs and a distinction without a difference.