| Hendrickson was a pretrial detainee in the custody of the Virgin Islands Bureau of Corrections. During a routine pat-down, a guard found a cell phone in Hendrickson’s pocket. When the phone was activated, it displayed an AT&T logo and asked for a password. The phone was missing its SIM card, a removable chip that allows the phone to connect to a cellular network. Without the SIM card, the phone was unable to receive calls and could make calls only to 911. Hendrickson stated that he had been using the phone to play music. Because the phone was password-protected, the government did not search it for text messages, emails, or other data. Hendrickson was convicted of possession of prison contraband, 18 U.S.C. 1791(a)(2). The Third Circuit affirmed, rejecting arguments that no reasonable juror could find that the phone was a “prohibited object” or that Hendrickson was “an inmate of a prison” Hendrickson possessed a “phone” within the meaning of section 1791(d)(1)(F); an electronics technician confirmed that the device was “definitely” a phone. The U.S.Marshalls contract with the Virgin Islands to house prisoners at Hendrickson’s facility, so Hendrickson was an inmate of a facility where persons were held “in custody by direction of or pursuant to a contract or agreement with the Attorney General.” |
