State v. Garza

The defendants in these cases, which we have consolidated for purposes of this decision, have obtained discretionary review of the superior court’s denial of their motions to dismiss. The cases require us to consider whether, and in what circumstances, jail officials may seize and examine criminal defendants’ legal documents. We remand for additional fact finding.

On July 25, 1998, officers at the Benton County Jail discovered that a window bar had been partially cut with what appeared to be a hacksaw blade. They also discovered that a desk’s base support and a window screen had been damaged.

Co…