The Supreme Court considered whether a police department violated the Fourth Amendment by obtaining transcripts of text messages sent on a pager provided to an employee. The Court determined that the search was reasonable given that the employer had informed employees that their communications would not be private and were subject to auditing. While employees generally have an expectation of privacy, the Court concluded the search was motivated by a legitimate work-related purpose rather than an intent to harass the employee. The Court resolved the case based on established principles for when a search is reasonable without addressing broader privacy issues.
This document is a motion filed by the plaintiff Jeffrey Howell seeking a preliminary injunction to prohibit enforcement of an Indiana statute criminalizing certain online communications. The plaintiff argues he is likely to succeed on the merits because the statute is nearly identical to communications decency acts previously struck down as unconstitutional for suppressing protected speech between adults. The plaintiff further argues the statute cannot survive strict scrutiny because it effectively bans constitutionally protected speech without including defenses for reasonable efforts to restrict minor access.
This memorandum provides a summary of the Standing Committee on Rules of Evidence's preliminary research on Hawaii's journalists' privilege law. It discusses the policy considerations supporting such a privilege to protect journalists' sources and unpublished information. It also reviews how federal courts and most state courts have recognized a qualified journalists' privilege either as a matter of common law or by statute. The memorandum suggests issues for the Committee to consider in determining whether to recommend retaining or amending Hawaii's journalists' privilege law.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
This document is a memorandum opinion from a federal district court case. The court is granting the defendant City of St. Paul's motion for summary judgment, dismissing the plaintiff Aaron Foster's lawsuit. Foster, an African American employee of the St. Paul Police Department, was suspended without pay after being indicted for a 1981 murder. Though later acquitted, Foster claimed this suspension constituted race discrimination. However, Foster admitted there was no evidence of race discrimination. The court also found Foster's other claims unsupported and granted the City's motion for summary judgment.
This order declares a Georgia statute capping noneconomic damages in medical malpractice cases unconstitutional. The order discusses the facts of the case, in which a jury awarded damages to the plaintiffs that exceeded the statutory cap. The court considered motions to strike affidavits submitted by the plaintiffs and denied the motions. In a lengthy analysis, the court found that the statutory cap violates the right to a jury trial guaranteed by the Georgia constitution. The court examined the history and scope of the right to a jury trial and determined that the cap improperly infringes on this right. Therefore, the court declared the statutory cap unconstitutional.
Trending methods of international service of processSteven Silton
This document discusses trends in methods of international service of process. It notes that courts are beginning to accept new methods like email and Facebook in addition to traditional methods under the Hague Convention. The document outlines the traditional Hague Convention process and then discusses how courts have started allowing email service when email is regularly used by the defendant. It also discusses how some courts have allowed service via Facebook. The document concludes that as technology continues to advance, courts will likely continue interpreting acceptable service methods broadly to include new technologies in order to provide adequate notice to defendants.
This document is a motion filed by the plaintiff Jeffrey Howell seeking a preliminary injunction to prohibit enforcement of an Indiana statute criminalizing certain online communications. The plaintiff argues he is likely to succeed on the merits because the statute is nearly identical to communications decency acts previously struck down as unconstitutional for suppressing protected speech between adults. The plaintiff further argues the statute cannot survive strict scrutiny because it effectively bans constitutionally protected speech without including defenses for reasonable efforts to restrict minor access.
This memorandum provides a summary of the Standing Committee on Rules of Evidence's preliminary research on Hawaii's journalists' privilege law. It discusses the policy considerations supporting such a privilege to protect journalists' sources and unpublished information. It also reviews how federal courts and most state courts have recognized a qualified journalists' privilege either as a matter of common law or by statute. The memorandum suggests issues for the Committee to consider in determining whether to recommend retaining or amending Hawaii's journalists' privilege law.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
This document is a memorandum opinion from a federal district court case. The court is granting the defendant City of St. Paul's motion for summary judgment, dismissing the plaintiff Aaron Foster's lawsuit. Foster, an African American employee of the St. Paul Police Department, was suspended without pay after being indicted for a 1981 murder. Though later acquitted, Foster claimed this suspension constituted race discrimination. However, Foster admitted there was no evidence of race discrimination. The court also found Foster's other claims unsupported and granted the City's motion for summary judgment.
This order declares a Georgia statute capping noneconomic damages in medical malpractice cases unconstitutional. The order discusses the facts of the case, in which a jury awarded damages to the plaintiffs that exceeded the statutory cap. The court considered motions to strike affidavits submitted by the plaintiffs and denied the motions. In a lengthy analysis, the court found that the statutory cap violates the right to a jury trial guaranteed by the Georgia constitution. The court examined the history and scope of the right to a jury trial and determined that the cap improperly infringes on this right. Therefore, the court declared the statutory cap unconstitutional.
Trending methods of international service of processSteven Silton
This document discusses trends in methods of international service of process. It notes that courts are beginning to accept new methods like email and Facebook in addition to traditional methods under the Hague Convention. The document outlines the traditional Hague Convention process and then discusses how courts have started allowing email service when email is regularly used by the defendant. It also discusses how some courts have allowed service via Facebook. The document concludes that as technology continues to advance, courts will likely continue interpreting acceptable service methods broadly to include new technologies in order to provide adequate notice to defendants.
Brown reply memo support motion to dismissJRachelle
This document is the Brown Defendants' reply memorandum in support of their motion to dismiss portions of Howard Stern's amended complaint. It argues that the motion to dismiss is not precluded by the court's prior ruling allowing the amended complaint. It also argues that California procedural law, including its probate code and publicity rights statute, does not apply in this South Carolina district court case. Finally, it asserts that the publicity rights statute is not applicable to the Brown Defendants' alleged actions of providing materials to another law firm.
The Supreme Court of Nigeria examined the provisions of the Evidence Act 2011 regarding the admissibility of electronic evidence in the case of Kubor v Dickson. The Court established that for electronically generated documents to be admissible, the party seeking to tender them as evidence must satisfy the four conditions listed in Section 84(2) of the Act. These conditions require showing that the computer was operating properly, the information was supplied in the ordinary course of business, and a certificate identifying the document and describing its production is filed. The decision underscores that while electronic evidence is now recognized in Nigeria, the specific provisions of Section 84 must be met for such evidence to be admitted in court proceedings.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
The Supreme Court of Kansas heard a case regarding the constitutionality of a Kansas statute that caps noneconomic damages in medical malpractice cases at $250,000. The Court upheld the statute as constitutional, finding that: (1) the statute and broader medical malpractice legislation further a valid public interest in promoting public welfare and healthcare availability; and (2) the legislature substituted an adequate statutory remedy for any modification of common law rights. The Court also rejected claims that the statute violated separation of powers, equal protection, or other constitutional provisions. While the cap limits damages awards, the Court found it did not prevent reasonable compensation or obstruct the right to a jury trial.
This document summarizes rules and procedures for interlocutory appeals and dismissals by the prosecution before trial in Massachusetts criminal cases. It discusses:
1) The Commonwealth's right to appeal orders on motions to dismiss and either party's right to apply for leave to appeal orders on motions to suppress evidence.
2) Procedures for filing applications for interlocutory appeals and considerations for single justices in approving them.
3) Rules regarding nolle prosequi dismissals by prosecutors, including implications for jeopardy and partial dismissals of certain charges.
4) The broad discretion generally afforded to prosecutors in entering nolle prosequi dismissals.
5) The exceptional role of
MOTION TO STRIKE - Motion To Stay (PKH)VogelDenise
This document is the plaintiff's motion to strike the defendants' motion to stay proceedings and for rule 11 sanctions and default judgment. The plaintiff argues that the judge assigned to the case, Judge Tom S. Lee, has a conflict of interest that requires his recusal from the case. The plaintiff cites case law establishing that a judge must recuse himself if there are facts that cast doubt on his impartiality. The plaintiff claims the integrity of the court has been compromised by Judge Lee's actions, which project an appearance that the case can be won through criminal means. The plaintiff seeks to have the defendants' motion to stay proceedings stricken and requests rule 11 sanctions against the defendants as well as a default judgment.
The U.S. Department of Justice Civil Rights Division sent a letter to state court administrators to provide clarity on the requirement for courts receiving federal funding to provide meaningful access to individuals with limited English proficiency. The letter outlines that denying language access undermines fair administration of justice and may violate Title VI and other civil rights laws. It expresses concern over state court policies that limit interpreter services, charge costs to parties, restrict services to courtrooms, and fail to ensure communication with court-appointed personnel is effective for LEP individuals. While recognizing budget constraints, the letter states that language services are an essential operating expense and compliance will consider all facts and circumstances of each court system.
Edwards v. snowden add hbo and academy awardsPublicLeaks
1. Plaintiff Horace Edwards sues Edward Snowden and others involved in the film Citizenfour, alleging they unlawfully acquired and disclosed classified national security information stolen by Snowden, in violation of secrecy agreements.
2. The complaint alleges Snowden intentionally stole classified information from the NSA and CIA while working for those agencies. He then provided that information to filmmaker Laura Poitras, who worked with others to make the film Citizenfour, revealing the stolen classified information.
3. Plaintiff claims the disclosure of stolen classified information in the film poses a substantial risk of serious injury to himself and others. He alleges insurance fraud related to the film and asserts claims including violations of the Antiterrorism Act. The plaintiff seeks
Citizens and rights groups demand that the DNA Technology (Use and Application) Regulation Bill 2019 not be passed by Parliament. The bill allows extensive collection and storage of DNA profiles from a wide range of individuals for various purposes. However, it provides inadequate privacy protections and could be misused to target dissenting voices or vulnerable groups. There are also concerns about the accuracy of DNA evidence and informed consent protections. If passed, the bill would violate individuals' fundamental rights to privacy, bodily autonomy, and protection against self-incrimination.
Crime victims united june legislative update!marsyslawforall
The document provides a legislative update from Crime Victims United regarding bills and issues related to crime victims' rights in California. It discusses the movement of a bill to abolish the death penalty through the legislature despite opposition from crime victims' groups. It also summarizes upcoming deadlines to reduce prison overcrowding set by the Three-Judge Court and bills that Crime Victims United either supports or opposes related to clemency, victim restitution, sentencing, and contraband in prisons.
This document discusses a motion filed by Creditor Vogel Newsome regarding the bankruptcy case of Ladye M. Townsend. Newsome argues the bankruptcy court lacks jurisdiction over the matter as her prior federal lawsuit against Townsend in district court established that court's jurisdiction. Newsome also alleges misconduct by Townsend's attorney and moves for Rule 11 sanctions. Newsome consolidates her various motions and does not waive her defense that the bankruptcy court lacks jurisdiction.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
This Supreme Court of Pennsylvania order addresses a challenge to the state's Voter ID Law. The order summarizes that: (1) while the state has a legitimate interest in requiring voter ID, the law is not being implemented according to its terms and some voters will be disenfranchised; (2) state agencies acknowledge voters will be unable to obtain IDs and elections may be impaired; and (3) the Commonwealth Court denied a preliminary injunction based on predictions that education and remedial efforts will prevent disenfranchisement, but appellants argue more time is needed for implementation. The order reviews the Commonwealth Court's denial of a preliminary injunction for abuse of discretion.
Andrew Livernois and Keith Cormier of the Belknap County Attorney's Office Ta...Rich Bergeron
The ACLU of New Hampshire opposes the State's motion for a court order prohibiting pre-trial publicity in the case of State v. Richard E. Bergeron, III. The ACLU argues that: 1) the Rules of Professional Conduct do not apply to pro se criminal defendants like Bergeron and cannot be the basis for a gag order; 2) even if the rules did apply, the proposed gag order exceeds the scope of the relevant rule by restricting speech that occurs far before trial and by ignoring exceptions; and 3) the proposed gag order would be an unconstitutional prior restraint on Bergeron's freedom of expression under the US and NH Constitutions.
This document summarizes a case before the Supreme Court of India regarding petitions filed concerning allegations that the Indian government used spyware to surveil its citizens. It provides background on the spyware called Pegasus and reports that it was used to hack phones. It notes that while the government denies the allegations, several petitioners are seeking an independent investigation, including some who claim their phones were directly hacked. The court will hold further hearings to examine the evidence and issues raised.
The document discusses a case regarding the spoliation of electronically stored information (ESI) during litigation. It describes how the plaintiff, Sekisui America Corporation, failed to institute a litigation hold until over 15 months after notifying the defendants, the Harts, of their intent to sue. During this time, Sekisui permanently deleted the email files of defendant Richard Hart and former employee Leigh Ayres. The court must now determine the appropriate sanctions for Sekisui's destruction of ESI, considering whether the deleted evidence could have been favorable to the Harts.
The document discusses the Right to Information Act in India. It provides background on how secrecy was the norm in British India but transparency became a pressing need for Indian citizens after independence. It summarizes the key objectives of the RTI Act to establish an informed citizenry and open society with transparent governance. It also discusses the role of judicial precedents in establishing information as a right under freedom of speech. The document analyzes a key court case that established the Chief Justice of India and Supreme Court of India as a single public authority under the RTI Act, with information held by the CJI subject to disclosure.
Stingray Mobile Phone Surveillance Details to be unveiled.. Orders NY CourtWaqas Amir
New York Civil Liberties Union (NYCLU), in one of its cases a judge ordered the Erie County Sheriff’s Office to disclose data to public regarding the department’s use of Stingrays | More:
Lack of Reasonable Privacy Expectation in Corporate EmailAndres Baytelman
The court ruled that an employee did not have a reasonable expectation of privacy over communications sent through their employer's email system. The court applied a 4-part test to determine if the employee's expectation of privacy was reasonable, considering the employer had an email policy that banned personal use and allowed access to emails for business reasons. As the employer met all parts of the test, the court ordered the production of emails between the employee and his wife. The case serves as a reminder for companies to have clear and publicized email policies regarding privacy and monitoring.
SEC charges Corporate Attorney and Wall Street trader in US$32 million inside...Andres Baytelman
The SEC charged a corporate attorney and Wall Street trader with insider trading involving confidential information from at least 11 mergers and acquisitions. The attorney accessed information from his law firm involving clients and tipped off a middleman, who passed the information to the trader. Through an illegal scheme using disposable phones and cash withdrawals, they obtained nearly $32 million in illicit profits. In a parallel criminal case, both individuals were arrested by the U.S. Attorney's Office for insider trading violations.
Brown reply memo support motion to dismissJRachelle
This document is the Brown Defendants' reply memorandum in support of their motion to dismiss portions of Howard Stern's amended complaint. It argues that the motion to dismiss is not precluded by the court's prior ruling allowing the amended complaint. It also argues that California procedural law, including its probate code and publicity rights statute, does not apply in this South Carolina district court case. Finally, it asserts that the publicity rights statute is not applicable to the Brown Defendants' alleged actions of providing materials to another law firm.
The Supreme Court of Nigeria examined the provisions of the Evidence Act 2011 regarding the admissibility of electronic evidence in the case of Kubor v Dickson. The Court established that for electronically generated documents to be admissible, the party seeking to tender them as evidence must satisfy the four conditions listed in Section 84(2) of the Act. These conditions require showing that the computer was operating properly, the information was supplied in the ordinary course of business, and a certificate identifying the document and describing its production is filed. The decision underscores that while electronic evidence is now recognized in Nigeria, the specific provisions of Section 84 must be met for such evidence to be admitted in court proceedings.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
The Supreme Court of Kansas heard a case regarding the constitutionality of a Kansas statute that caps noneconomic damages in medical malpractice cases at $250,000. The Court upheld the statute as constitutional, finding that: (1) the statute and broader medical malpractice legislation further a valid public interest in promoting public welfare and healthcare availability; and (2) the legislature substituted an adequate statutory remedy for any modification of common law rights. The Court also rejected claims that the statute violated separation of powers, equal protection, or other constitutional provisions. While the cap limits damages awards, the Court found it did not prevent reasonable compensation or obstruct the right to a jury trial.
This document summarizes rules and procedures for interlocutory appeals and dismissals by the prosecution before trial in Massachusetts criminal cases. It discusses:
1) The Commonwealth's right to appeal orders on motions to dismiss and either party's right to apply for leave to appeal orders on motions to suppress evidence.
2) Procedures for filing applications for interlocutory appeals and considerations for single justices in approving them.
3) Rules regarding nolle prosequi dismissals by prosecutors, including implications for jeopardy and partial dismissals of certain charges.
4) The broad discretion generally afforded to prosecutors in entering nolle prosequi dismissals.
5) The exceptional role of
MOTION TO STRIKE - Motion To Stay (PKH)VogelDenise
This document is the plaintiff's motion to strike the defendants' motion to stay proceedings and for rule 11 sanctions and default judgment. The plaintiff argues that the judge assigned to the case, Judge Tom S. Lee, has a conflict of interest that requires his recusal from the case. The plaintiff cites case law establishing that a judge must recuse himself if there are facts that cast doubt on his impartiality. The plaintiff claims the integrity of the court has been compromised by Judge Lee's actions, which project an appearance that the case can be won through criminal means. The plaintiff seeks to have the defendants' motion to stay proceedings stricken and requests rule 11 sanctions against the defendants as well as a default judgment.
The U.S. Department of Justice Civil Rights Division sent a letter to state court administrators to provide clarity on the requirement for courts receiving federal funding to provide meaningful access to individuals with limited English proficiency. The letter outlines that denying language access undermines fair administration of justice and may violate Title VI and other civil rights laws. It expresses concern over state court policies that limit interpreter services, charge costs to parties, restrict services to courtrooms, and fail to ensure communication with court-appointed personnel is effective for LEP individuals. While recognizing budget constraints, the letter states that language services are an essential operating expense and compliance will consider all facts and circumstances of each court system.
Edwards v. snowden add hbo and academy awardsPublicLeaks
1. Plaintiff Horace Edwards sues Edward Snowden and others involved in the film Citizenfour, alleging they unlawfully acquired and disclosed classified national security information stolen by Snowden, in violation of secrecy agreements.
2. The complaint alleges Snowden intentionally stole classified information from the NSA and CIA while working for those agencies. He then provided that information to filmmaker Laura Poitras, who worked with others to make the film Citizenfour, revealing the stolen classified information.
3. Plaintiff claims the disclosure of stolen classified information in the film poses a substantial risk of serious injury to himself and others. He alleges insurance fraud related to the film and asserts claims including violations of the Antiterrorism Act. The plaintiff seeks
Citizens and rights groups demand that the DNA Technology (Use and Application) Regulation Bill 2019 not be passed by Parliament. The bill allows extensive collection and storage of DNA profiles from a wide range of individuals for various purposes. However, it provides inadequate privacy protections and could be misused to target dissenting voices or vulnerable groups. There are also concerns about the accuracy of DNA evidence and informed consent protections. If passed, the bill would violate individuals' fundamental rights to privacy, bodily autonomy, and protection against self-incrimination.
Crime victims united june legislative update!marsyslawforall
The document provides a legislative update from Crime Victims United regarding bills and issues related to crime victims' rights in California. It discusses the movement of a bill to abolish the death penalty through the legislature despite opposition from crime victims' groups. It also summarizes upcoming deadlines to reduce prison overcrowding set by the Three-Judge Court and bills that Crime Victims United either supports or opposes related to clemency, victim restitution, sentencing, and contraband in prisons.
This document discusses a motion filed by Creditor Vogel Newsome regarding the bankruptcy case of Ladye M. Townsend. Newsome argues the bankruptcy court lacks jurisdiction over the matter as her prior federal lawsuit against Townsend in district court established that court's jurisdiction. Newsome also alleges misconduct by Townsend's attorney and moves for Rule 11 sanctions. Newsome consolidates her various motions and does not waive her defense that the bankruptcy court lacks jurisdiction.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
This Supreme Court of Pennsylvania order addresses a challenge to the state's Voter ID Law. The order summarizes that: (1) while the state has a legitimate interest in requiring voter ID, the law is not being implemented according to its terms and some voters will be disenfranchised; (2) state agencies acknowledge voters will be unable to obtain IDs and elections may be impaired; and (3) the Commonwealth Court denied a preliminary injunction based on predictions that education and remedial efforts will prevent disenfranchisement, but appellants argue more time is needed for implementation. The order reviews the Commonwealth Court's denial of a preliminary injunction for abuse of discretion.
Andrew Livernois and Keith Cormier of the Belknap County Attorney's Office Ta...Rich Bergeron
The ACLU of New Hampshire opposes the State's motion for a court order prohibiting pre-trial publicity in the case of State v. Richard E. Bergeron, III. The ACLU argues that: 1) the Rules of Professional Conduct do not apply to pro se criminal defendants like Bergeron and cannot be the basis for a gag order; 2) even if the rules did apply, the proposed gag order exceeds the scope of the relevant rule by restricting speech that occurs far before trial and by ignoring exceptions; and 3) the proposed gag order would be an unconstitutional prior restraint on Bergeron's freedom of expression under the US and NH Constitutions.
This document summarizes a case before the Supreme Court of India regarding petitions filed concerning allegations that the Indian government used spyware to surveil its citizens. It provides background on the spyware called Pegasus and reports that it was used to hack phones. It notes that while the government denies the allegations, several petitioners are seeking an independent investigation, including some who claim their phones were directly hacked. The court will hold further hearings to examine the evidence and issues raised.
The document discusses a case regarding the spoliation of electronically stored information (ESI) during litigation. It describes how the plaintiff, Sekisui America Corporation, failed to institute a litigation hold until over 15 months after notifying the defendants, the Harts, of their intent to sue. During this time, Sekisui permanently deleted the email files of defendant Richard Hart and former employee Leigh Ayres. The court must now determine the appropriate sanctions for Sekisui's destruction of ESI, considering whether the deleted evidence could have been favorable to the Harts.
The document discusses the Right to Information Act in India. It provides background on how secrecy was the norm in British India but transparency became a pressing need for Indian citizens after independence. It summarizes the key objectives of the RTI Act to establish an informed citizenry and open society with transparent governance. It also discusses the role of judicial precedents in establishing information as a right under freedom of speech. The document analyzes a key court case that established the Chief Justice of India and Supreme Court of India as a single public authority under the RTI Act, with information held by the CJI subject to disclosure.
Stingray Mobile Phone Surveillance Details to be unveiled.. Orders NY CourtWaqas Amir
New York Civil Liberties Union (NYCLU), in one of its cases a judge ordered the Erie County Sheriff’s Office to disclose data to public regarding the department’s use of Stingrays | More:
Lack of Reasonable Privacy Expectation in Corporate EmailAndres Baytelman
The court ruled that an employee did not have a reasonable expectation of privacy over communications sent through their employer's email system. The court applied a 4-part test to determine if the employee's expectation of privacy was reasonable, considering the employer had an email policy that banned personal use and allowed access to emails for business reasons. As the employer met all parts of the test, the court ordered the production of emails between the employee and his wife. The case serves as a reminder for companies to have clear and publicized email policies regarding privacy and monitoring.
SEC charges Corporate Attorney and Wall Street trader in US$32 million inside...Andres Baytelman
The SEC charged a corporate attorney and Wall Street trader with insider trading involving confidential information from at least 11 mergers and acquisitions. The attorney accessed information from his law firm involving clients and tipped off a middleman, who passed the information to the trader. Through an illegal scheme using disposable phones and cash withdrawals, they obtained nearly $32 million in illicit profits. In a parallel criminal case, both individuals were arrested by the U.S. Attorney's Office for insider trading violations.
Board member of Goldman Sachs and Procter & Gamble charged in insider tradingAndres Baytelman
Rajat K. Gupta, a business consultant who served on the boards of Goldman Sachs and Procter & Gamble, was charged with insider trading for tipping hedge fund manager Raj Rajaratnam with confidential, non-public information about both companies' earnings and a $5 billion investment in Goldman Sachs. The SEC alleges that Gupta shared details from private board meetings with Rajaratnam, who then traded on the information and generated over $18 million in profits. Gupta is accused of violating securities laws and faces civil charges including financial penalties and a potential ban from serving as a corporate officer or director.
Over 1 billion children live in poverty, with 25,000 children dying each day due to poverty. Additionally, 72 million children in the developing world were not in school in 2005 and nearly 1 billion people entered the 21st century unable to read or write their names. Global education aims to promote international understanding and cooperation that could lead to social and cultural progress, though some critics argue it is part of a conspiracy for a new world order.
This document summarizes a study that compares personnel selection practices across 10 countries. The study finds:
1) There is more divergence than convergence currently in recruitment practices across countries, as selection criteria are still driven by each country's cultural values.
2) However, organizations worldwide seem to be converging on recruitment methods, though current selection standards differ by country.
3) The study examined prevalence and desirability of selection criteria in different countries using a standardized survey, finding differences in actual practices versus universally preferred practices.
1) Companies use RFID tags in workplace access cards to do more than just open doors, such as enforcing work rules and monitoring former employees, but they generally do not have explicit policies about how card data is collected and used.
2) Access card records are used to investigate individuals but also in aggregate forms like improving building plans, though employees are not informed of these uses.
3) Only one company had written policies about RFID card use, which were only given to security and not employees more broadly, and none had limited data retention policies.
Temptation to defraud and internal auditor (albert holzinger 2010)Andres Baytelman
The document discusses elevated levels of fraud worldwide and the need for internal auditors to be cautious. It notes statistics showing fraud claims have more than doubled in recent years. The "fraud triangle" of pressure, opportunity, and rationalization helps explain why fraud risk is higher now as the global economy struggles. Internal auditors must understand fraud risks in their own organizations and ensure proper controls and monitoring are in place to prevent, detect, and investigate fraudulent activities.
The Supreme Court considered whether a police department violated an officer's Fourth Amendment rights by obtaining and reviewing transcripts of text messages sent on a pager provided by the department. The Court assumed for the sake of argument that the officer had a reasonable expectation of privacy in the messages. The Court held that the search was reasonable because it was motivated by the legitimate work-related purpose of determining whether the department's messaging allowance was sufficient, and it was not excessive in scope. The review of transcripts was a reasonable means to achieve this purpose. Therefore, the officer's Fourth Amendment rights were not violated. The Court reversed the Ninth Circuit's ruling.
The Development of E-Commerce in Nigeria - Olushola AbiloyeAcas Media
THE IMPACT OF SUPREME COURT DECISION IN KUBOR v. DICKSON (2014) 4 NWLR (Part 1345) 534-594 ON THE DEVELOPMENT OF E-COMMERCE IN NIGERIA: ISSUES AND PROSPECTS
Merrill v. holder terms for disclosing nsl dataPublicLeaks
This document outlines a stipulation and proposed order regarding redactions and procedures for filing documents in Nicholas Merrill v. Eric Holder case. It summarizes that Merrill previously received a national security letter from the FBI in 2004 seeking certain information, and the stipulation establishes a process for redacting information subject to nondisclosure requirements when submitting court filings, including conferring on redactions and resolving disputes over redactions through letters to the court.
Right To Privacy Under OPRA Newsletter 050109Todd Ruback
The New Jersey Supreme Court upheld a lower court ruling that residents have an expectation of privacy in their personal information contained in public records. The case involved a request for bulk release of land title records containing social security numbers and other personal data. The Court found that personal information like SSNs must be redacted from records before release under the Open Public Records Act to balance privacy and disclosure. Requestors must pay redaction costs. The ruling provides guidance for governments on balancing privacy and access rights when releasing records with personal information.
Right To Privacy Under Opra Newsletter 050109guest9d84a4b
The New Jersey Supreme Court upheld the redaction of Social Security Numbers found in public land records requested under the Open Public Records Act. The Court balanced the public's right to access records with citizens' reasonable expectation of privacy in personal information. It determined that records could be released if SSNs were first redacted, with the requestor paying redaction costs. While limiting its ruling to the facts of the case, the Court provided guidance for government entities on balancing privacy and disclosure obligations under OPRA.
E Discovery General E Discovery Presentationjvanacour
This document provides an overview of key concepts and best practices regarding electronic discovery (e-discovery). It discusses the duty to preserve relevant evidence once litigation is reasonably anticipated. It also outlines the stages of managing e-discovery, including having a reasonable document retention policy prior to notice, issuing a litigation hold once notice is received, and complying with discovery requests once litigation begins. The document emphasizes communicating preservation obligations, overseeing preservation efforts, and producing electronic documents and metadata in a usable format.
This seminar takes an in-depth look at public employee privacy rights in the dynamic evolution of social media. The topics for the presentation cover the following issues:
• An overview of social media use and monitoring of employees
• Public vs. private employees privacy rights
• Public employees' right to privacy in the age of Facebook, Twitter and LinkedIn
• Equal Employment Opportunity Commission notes
• Potential employers' use of social media to make employment decisions
• Best practices of using social media to make employment decisions and minimize employer risk
The document is a memorandum opinion from a Commonwealth Court judge regarding a request to enjoin enforcement of Pennsylvania's voter ID law. In the opinion, the judge makes two determinations: 1) that the procedures for deploying alternate voter IDs do not meet the legal requirement of liberal access, and 2) that voter disenfranchisement will likely still occur before the upcoming election. As a result, the judge orders a preliminary injunction preventing the disenfranchisement provisions of the voter ID law from being enforced. The injunction is targeted to specifically address the issues identified by the Pennsylvania Supreme Court regarding voter access and disenfranchisement.
In Weeks 2 through 4, you will follow a scenario as a case moves fro.docxEstelaJeffery653
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive additional information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of the
judge
and a
jury member
:
Review
the scenario presented in Weeks 2 and 3 and the additional information provided below:
Mr. Stamps was put on trial for robbery of the postal employee at the post office. A jury of 12 individuals was empanelled to hear the case and after 2 hours of deliberations returned a guilty verdict for robbery.
Use
the
Sentencing Guidelines Calculator
(which is based on federal law) to explore some of the factors that would be considered in sentencing Mr. Stamps in federal district court for a violation of 18 U.S.C. 2114 (robbery).
Write
a 2- to 4-page analysis of the scenario in which you address the following:
As a judge, how would sentencing guidelines play a role when imposing your sentence?
What legal requirements govern how judges use sentencing guideline in a criminal case?
What are some of the philosophical issues that the jury members might discuss during their deliberations related to sentencing the defendant?
If the defendant was convicted of the post office robbery in your state’s trial court, what avenues for appeal would be available to him? What options would the defendant have for review of the conviction by federal courts? What options for appeal would be available if the defendant had been tried and convicted in U.S. District Court?
Support
your analysis with a minimum of two references. The course textbook may be one resource. Additional references may include scholarly articles, websites, blogs, podcasts, or other relevant sources.
Adhere
to APA guidelines.
**The first week's scenario:
Earlier today, an individual rushed into the lobby of the local post office and forced his way past several customers to make his way to the retail counter. The individual then produced a firearm and pointed at the postal clerk and demanded all of the money from the clerk. The clerk complied with the individual’s demands, and the individual fled the scene of the crime on foot with the stolen money. The following people witnessed the crime: the postal clerk and two customers (John and Jill). There was no video surveillance inside of the post office, but several stores surrounding the post office were equipped with surveillance systems.
Second week's added scenario information:
Federal and state law-enforcement officers were to interview the witnesses at the post office and canvass the immediate area for additional evidence. Police reviewed s.
Scott Moulton scanning case RE: U.S.D.C. Georgia NMAPDavid Sweigert
This summary provides the essential information from the legal document in 3 sentences:
This order addresses cross motions for summary judgment in a civil case involving claims of defamation, tortious interference with business relations, and violations of consumer protection statutes between two competing computer network companies. The plaintiffs performed security tests on the defendant's computer network without authorization, leading the defendant to make statements to clients alleging security issues, which resulted in the termination of the plaintiff's contract. The court grants summary judgment for both parties, finding that the statements made were opinions and not factual assertions that could be proven false, and therefore not actionable as defamation or unfair trade practices.
Plaintiff Joan Silver was injured during a hypnotherapy session with Defendant Stanley Fine, a Baltimore County volunteer. Silver did not provide formal notice to the county of her potential lawsuit as required by law. Instead, some months later, she sent an informal email to her former boss, the County Executive, hinting at a possible lawsuit but not explicitly stating her intent. Defendant argues that Silver did not substantially comply with the notice requirement or show good cause for failing to comply. As such, Defendant's motion for summary judgment should be granted.
This Is Reno’s second public records lawsuit against the City of Reno and Ren...This Is Reno
Petitioner Robert Conrad, who operates the news website ThisIsReno.com, has filed a petition for a writ of mandamus against the City of Reno regarding numerous public records requests. The petition alleges that the City has improperly withheld, redacted, and delayed the disclosure of requested records on various police matters. It also claims the City has improperly closed some requests and demanded payment for records not listed in its fee schedule. The petition seeks an order requiring the City to comply with the Nevada Public Records Act and provide timely access to public records.
Page Page 290 F. Supp. 2d 993, ; 2003 U.S. Dist. LEXIS 18451,.docxbunyansaturnina
Page
Page
290 F. Supp. 2d 993, *; 2003 U.S. Dist. LEXIS 18451, **
4 of 4 DOCUMENTS
Vonage Holdings Corporation, Plaintiff, v. The Minnesota Public Utilities Commission, and Leroy Koppendrayer, Gregory Scott, Phyllis Reha, and R. Marshall Johnson, in their official capacities as the commissioners of the Minnesota Public Utilities Commission and not as individuals, Defendants.
Civil No. 03-5287 (MJD/JGL)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA
290 F. Supp. 2d 993; 2003 U.S. Dist. LEXIS 18451
October 16, 2003, Decided
SUBSEQUENT HISTORY: Motion for new trial denied by, Motion denied by Vonage Holdings Corp. v. Minn. Pub. Utils. Comm'n, 2004 U.S. Dist. LEXIS 31767 (D. Minn., Jan. 14, 2004)
Affirmed by Vonage Holdings Corp. v. Minn. Pub. Utils. Comm'n, 394 F.3d 568, 2004 U.S. App. LEXIS 26748 (8th Cir. Minn., 2004)
Related proceeding at N.M. Pub. Regulation Comm'n v. Vonage Holdings Corp., 640 F. Supp. 2d 1359, 2008 U.S. Dist. LEXIS 111761 (D.N.M., 2008)
DISPOSITION: [**1] Vonage's motion for preliminary injunction, which Court considers a motion for permanent injunction GRANTED.
CASE SUMMARY:
PROCEDURAL POSTURE: Plaintiff, a corporation that provided voice communications over the Internet, sued defendant Minnesota Public Utilities Commission (MPUC) after it issued an order requiring the corporation to comply with Minnesota laws that regulated telephone companies. The corporation moved for a preliminary injunction seeking to prevent enforcement of the MPUC's order, arguing that it provided information services, and not telecommunications services.
OVERVIEW: The corporation sold a service that permitted voice communication via a high-speed Internet connection, using "packet switching" over the Internet rather than circuit switching. The issue was whether the corporation could be regulated by Minnesota law that required authorization to provide telephone service under Minn. Stat. § 237.16(1)(b). The court concluded that it could not. The corporation was an information service provider because it offered the "capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications" as defined by 47 U.S.C.S. § 153(20). The process of transmitting customer calls over the Internet required it to "act on" the form and protocol of the information. The corporation used, rather than provided, telecommunications services. Congress did not intend information services such as those provided by the corporation to be regulated by state law. Federal law pre-empted the state authority upon which the MPUC's order relied. Other factors for issuing an injunction, including irreparable injury from damage to reputation and goodwill, favored the corporation.
OUTCOME: The corporation's motion for a preliminary injunction, which the court considered a motion for permanent injunction, was granted.
CORE TERMS: telecommunications, information services, cus.
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1) The Ninth Circuit found that a sheriff's department lieutenant who oversaw contract police services for a city did not have a policymaking role and was therefore protected from retaliation based on his political speech opposing the sheriff in an election.
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Este documento describe cómo el soborno y lavado de dinero pueden ocurrir en una empresa sin el conocimiento de la dirección a través de ejemplos. Explica cómo un director de obras podría recurrir al soborno de un funcionario municipal a través de un proveedor para obtener un permiso, y cómo un gerente podría lavar ese dinero a través de una "venta" de un departamento. Aunque los directivos de la empresa no estén involucrados, la ley los haría responsables penalmente. El documento concluye que estos delitos a menudo ocurren a nivel
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La inmensa mayoría de los trabajadores que defraudan a su propia empresa son gente originalmente honesta y de confianza. Entender en profundidad las condiciones y motivos que los llevan a cometer el fraude es crucial para cualquier intento genuinamente profesional por establecer modelos de prevención y mecanismos de control serios, eficaces y costo-efectivos.
Este documento presenta las buenas noticias sobre cómo las empresas ahora tienen herramientas evaluadas y eficaces para reducir significativamente el fraude corporativo. Explica que el fraude corporativo generalmente ocurre cuando se presentan factores de oportunidad y presión, conocidos como el "triángulo del fraude". Las empresas pueden intervenir en esta estructura de oportunidad utilizando métodos como la prevención situacional que han demostrado reducir los costos del fraude corporativo en hasta un 46%.
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Las Pymes son por mucho el sector económico más vulnerable al fraude corporativo y sus consecuencias; y las más desprotegidas. Inaceptable, considerando que generan cerca del 80% de la fuerza laboral del país.
Fraude corporativo y hotline (diario financiero ene 13)Andres Baytelman
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El documento habla sobre la sobrefacturación como un esquema de fraude corporativo. La sobrefacturación implica que un empleado de la empresa se colude con un proveedor para que la empresa pague facturas infladas, repartiendo el exceso entre los involucrados. La sobrefacturación también se usa para ocultar otros tipos de fraude como ventas no declaradas o pagos a empresas falsas.
Nota en Economía y Negocios de El Mercurio sobre integración como Director a PwC Chile en área de responsabilidad penal de la empresa, compliance y fraude corporativo.
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Columna de opinión en Diario Financiero: compliance penal, responsabilidad penal de la empresa y fraude corporativo hoy constituyen una nueva profesión, y existen a su respecto certificaciones y estándares que no se pueden obviar. Quizás el más importante, la certificación otorgada por la Association of Certified Fraud Examiners (ACFE), en virtud de la cual un profesional se presenta como CFE (Certified Fraud Examiner). Auditores y abogados no son por naturaleza expertos en la prevención del fraude corporativo, y están lejos de poseer dicha experticia en virtud meramente de sus respectivas profesiones, sin más.
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Ontario v. Quon (fallo)
1. Cite as: 560 U. S. ____ (2010) 1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
preliminary print of the United States Reports. Readers are requested to
notify the Reporter of Decisions, Supreme Court of the United States, Wash-
ington, D. C. 20543, of any typographical or other formal errors, in order
that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
_________________
No. 08–1332
_________________
CITY OF ONTARIO, CALIFORNIA, ET AL.,
PETITIONERS v. JEFF QUON ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[June 17, 2010]
JUSTICE KENNEDY delivered the opinion of the Court.
This case involves the assertion by a government em-
ployer of the right, in circumstances to be described, to
read text messages sent and received on a pager the em-
ployer owned and issued to an employee. The employee
contends that the privacy of the messages is protected by
the ban on “unreasonable searches and seizures” found in
the Fourth Amendment to the United States Constitution,
made applicable to the States by the Due Process Clause
of the Fourteenth Amendment. Mapp v. Ohio, 367
U. S. 643 (1961). Though the case touches issues of far-
reaching significance, the Court concludes it can be re-
solved by settled principles determining when a search is
reasonable.
I
A
The City of Ontario (City) is a political subdivision of the
State of California. The case arose out of incidents in 2001
and 2002 when respondent Jeff Quon was employed by the
Ontario Police Department (OPD). He was a police ser-
2. 2 ONTARIO v. QUON
Opinion of the Court
geant and member of OPD’s Special Weapons and Tactics
(SWAT) Team. The City, OPD, and OPD’s Chief, Lloyd
Scharf, are petitioners here. As will be discussed, two
respondents share the last name Quon. In this opinion
“Quon” refers to Jeff Quon, for the relevant events mostly
revolve around him.
In October 2001, the City acquired 20 alphanumeric
pagers capable of sending and receiving text messages.
Arch Wireless Operating Company provided wireless
service for the pagers. Under the City’s service contract
with Arch Wireless, each pager was allotted a limited
number of characters sent or received each month. Usage
in excess of that amount would result in an additional fee.
The City issued pagers to Quon and other SWAT Team
members in order to help the SWAT Team mobilize and
respond to emergency situations.
Before acquiring the pagers, the City announced a
“Computer Usage, Internet and E-Mail Policy” (Computer
Policy) that applied to all employees. Among other provi-
sions, it specified that the City “reserves the right to moni-
tor and log all network activity including e-mail and
Internet use, with or without notice. Users should have no
expectation of privacy or confidentiality when using these
resources.” App. to Pet. for Cert. 152a. In March 2000,
Quon signed a statement acknowledging that he had read
and understood the Computer Policy.
The Computer Policy did not apply, on its face, to text
messaging. Text messages share similarities with e-mails,
but the two differ in an important way. In this case, for
instance, an e-mail sent on a City computer was transmit-
ted through the City’s own data servers, but a text mes-
sage sent on one of the City’s pagers was transmitted
using wireless radio frequencies from an individual pager
to a receiving station owned by Arch Wireless. It was
routed through Arch Wireless’ computer network, where it
remained until the recipient’s pager or cellular telephone
3. Cite as: 560 U. S. ____ (2010) 3
Opinion of the Court
was ready to receive the message, at which point Arch
Wireless transmitted the message from the transmitting
station nearest to the recipient. After delivery, Arch
Wireless retained a copy on its computer servers. The
message did not pass through computers owned by the
City.
Although the Computer Policy did not cover text mes-
sages by its explicit terms, the City made clear to employ-
ees, including Quon, that the City would treat text mes-
sages the same way as it treated e-mails. At an April 18,
2002, staff meeting at which Quon was present, Lieuten-
ant Steven Duke, the OPD officer responsible for the City’s
contract with Arch Wireless, told officers that messages
sent on the pagers “are considered e-mail messages. This
means that [text] messages would fall under the City’s
policy as public information and [would be] eligible for
auditing.” App. 30. Duke’s comments were put in writing
in a memorandum sent on April 29, 2002, by Chief Scharf
to Quon and other City personnel.
Within the first or second billing cycle after the pagers
were distributed, Quon exceeded his monthly text message
character allotment. Duke told Quon about the overage,
and reminded him that messages sent on the pagers were
“considered e-mail and could be audited.” Id., at 40. Duke
said, however, that “it was not his intent to audit [an]
employee’s text messages to see if the overage [was] due to
work related transmissions.” Ibid. Duke suggested that
Quon could reimburse the City for the overage fee rather
than have Duke audit the messages. Quon wrote a check
to the City for the overage. Duke offered the same ar-
rangement to other employees who incurred overage fees.
Over the next few months, Quon exceeded his character
limit three or four times. Each time he reimbursed the
City. Quon and another officer again incurred overage
fees for their pager usage in August 2002. At a meeting in
October, Duke told Scharf that he had become “ ‘tired of
4. 4 ONTARIO v. QUON
Opinion of the Court
being a bill collector.’ ” Id., at 91. Scharf decided to de-
termine whether the existing character limit was too
low—that is, whether officers such as Quon were having to
pay fees for sending work-related messages—or if the
overages were for personal messages. Scharf told Duke to
request transcripts of text messages sent in August and
September by Quon and the other employee who had
exceeded the character allowance.
At Duke’s request, an administrative assistant em-
ployed by OPD contacted Arch Wireless. After verifying
that the City was the subscriber on the accounts, Arch
Wireless provided the desired transcripts. Duke reviewed
the transcripts and discovered that many of the messages
sent and received on Quon’s pager were not work related,
and some were sexually explicit. Duke reported his find-
ings to Scharf, who, along with Quon’s immediate supervi-
sor, reviewed the transcripts himself. After his review,
Scharf referred the matter to OPD’s internal affairs divi-
sion for an investigation into whether Quon was violating
OPD rules by pursuing personal matters while on duty.
The officer in charge of the internal affairs review was
Sergeant Patrick McMahon. Before conducting a review,
McMahon used Quon’s work schedule to redact the tran-
scripts in order to eliminate any messages Quon sent
while off duty. He then reviewed the content of the mes-
sages Quon sent during work hours. McMahon’s report
noted that Quon sent or received 456 messages during
work hours in the month of August 2002, of which no more
than 57 were work related; he sent as many as 80 mes-
sages during a single day at work; and on an average
workday, Quon sent or received 28 messages, of which
only 3 were related to police business. The report con-
cluded that Quon had violated OPD rules. Quon was
allegedly disciplined.
5. Cite as: 560 U. S. ____ (2010) 5
Opinion of the Court
B
Raising claims under Rev. Stat. §1979, 42 U. S. C.
§1983; 18 U. S. C. §2701 et seq., popularly known as the
Stored Communications Act (SCA); and California law,
Quon filed suit against petitioners in the United States
District Court for the Central District of California. Arch
Wireless and an individual not relevant here were also
named as defendants. Quon was joined in his suit by
another plaintiff who is not a party before this Court and
by the other respondents, each of whom exchanged text
messages with Quon during August and September 2002:
Jerilyn Quon, Jeff Quon’s then-wife, from whom he was
separated; April Florio, an OPD employee with whom Jeff
Quon was romantically involved; and Steve Trujillo, an-
other member of the OPD SWAT Team. Among the alle-
gations in the complaint was that petitioners violated
respondents’ Fourth Amendment rights and the SCA by
obtaining and reviewing the transcript of Jeff Quon’s
pager messages and that Arch Wireless had violated the
SCA by turning over the transcript to the City.
The parties filed cross-motions for summary judgment.
The District Court granted Arch Wireless’ motion for
summary judgment on the SCA claim but denied petition-
ers’ motion for summary judgment on the Fourth Amend-
ment claims. Quon v. Arch Wireless Operating Co., 445
F. Supp. 2d 1116 (CD Cal. 2006). Relying on the plural-
ity opinion in O’Connor v. Ortega, 480 U. S. 709, 711
(1987), the District Court determined that Quon had a
reasonable expectation of privacy in the content of his text
messages. Whether the audit of the text messages was
nonetheless reasonable, the District Court concluded,
turned on Chief Scharf’s intent: “[I]f the purpose for the
audit was to determine if Quon was using his pager to
‘play games’ and ‘waste time,’ then the audit was not
constitutionally reasonable”; but if the audit’s purpose
“was to determine the efficacy of the existing character
6. 6 ONTARIO v. QUON
Opinion of the Court
limits to ensure that officers were not paying hidden work-
related costs, . . . no constitutional violation occurred.”
445 F. Supp. 2d, at 1146.
The District Court held a jury trial to determine the
purpose of the audit. The jury concluded that Scharf
ordered the audit to determine the efficacy of the charac-
ter limits. The District Court accordingly held that peti-
tioners did not violate the Fourth Amendment. It entered
judgment in their favor.
The United States Court of Appeals for the Ninth Cir-
cuit reversed in part. 529 F. 3d 892 (2008). The panel
agreed with the District Court that Jeff Quon had a rea-
sonable expectation of privacy in his text messages but
disagreed with the District Court about whether the
search was reasonable. Even though the search was
conducted for “a legitimate work-related rationale,” the
Court of Appeals concluded, it “was not reasonable in
scope.” Id., at 908. The panel disagreed with the District
Court’s observation that “there were no less-intrusive
means” that Chief Scharf could have used “to verify the
efficacy of the 25,000 character limit . . . without intruding
on [respondents’] Fourth Amendment rights.” Id., at 908–
909. The opinion pointed to a “host of simple ways” that
the chief could have used instead of the audit, such as
warning Quon at the beginning of the month that his
future messages would be audited, or asking Quon himself
to redact the transcript of his messages. Id., at 909. The
Court of Appeals further concluded that Arch Wireless had
violated the SCA by turning over the transcript to the
City.
The Ninth Circuit denied a petition for rehearing en
banc. Quon v. Arch Wireless Operating Co., 554 F. 3d 769
(2009). Judge Ikuta, joined by six other Circuit Judges,
dissented. Id., at 774–779. Judge Wardlaw concurred in
the denial of rehearing, defending the panel’s opinion
against the dissent. Id., at 769–774.
7. Cite as: 560 U. S. ____ (2010) 7
Opinion of the Court
This Court granted the petition for certiorari filed by the
City, OPD, and Chief Scharf challenging the Court of
Appeals’ holding that they violated the Fourth Amend-
ment. 558 U. S. ___ (2009). The petition for certiorari
filed by Arch Wireless challenging the Ninth Circuit’s
ruling that Arch Wireless violated the SCA was denied.
USA Mobility Wireless, Inc. v. Quon, 558 U. S. ___ (2009).
II
The Fourth Amendment states: “The right of the people
to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be
violated . . . .” It is well settled that the Fourth Amend-
ment’s protection extends beyond the sphere of criminal
investigations. Camara v. Municipal Court of City and
County of San Francisco, 387 U. S. 523, 530 (1967). “The
Amendment guarantees the privacy, dignity, and security
of persons against certain arbitrary and invasive acts by
officers of the Government,” without regard to whether the
government actor is investigating crime or performing
another function. Skinner v. Railway Labor Executives’
Assn., 489 U. S. 602, 613–614 (1989). The Fourth Amend-
ment applies as well when the Government acts in its
capacity as an employer. Treasury Employees v. Von
Raab, 489 U. S. 656, 665 (1989).
The Court discussed this principle in O’Connor. There a
physician employed by a state hospital alleged that hospi-
tal officials investigating workplace misconduct had vio-
lated his Fourth Amendment rights by searching his office
and seizing personal items from his desk and filing cabi-
net. All Members of the Court agreed with the general
principle that “[i]ndividuals do not lose Fourth Amend-
ment rights merely because they work for the government
instead of a private employer.” 480 U. S., at 717 (plurality
opinion); see also id., at 731 (SCALIA, J., concurring in
judgment); id., at 737 (Blackmun, J., dissenting). A major-
8. 8 ONTARIO v. QUON
Opinion of the Court
ity of the Court further agreed that “ ‘special needs, beyond
the normal need for law enforcement,’ ” make the warrant
and probable-cause requirement impracticable for gov-
ernment employers. Id., at 725 (plurality opinion) (quot-
ing New Jersey v. T. L. O., 469 U. S. 325, 351 (1985)
(Blackmun, J., concurring in judgment); 480 U. S., at 732
(opinion of SCALIA, J.) (quoting same).
The O’Connor Court did disagree on the proper analyti-
cal framework for Fourth Amendment claims against
government employers. A four-Justice plurality concluded
that the correct analysis has two steps. First, because
“some government offices may be so open to fellow em-
ployees or the public that no expectation of privacy is
reasonable,” id., at 718, a court must consider “[t]he opera-
tional realities of the workplace” in order to determine
whether an employee’s Fourth Amendment rights are
implicated, id., at 717. On this view, “the question
whether an employee has a reasonable expectation of
privacy must be addressed on a case-by-case basis.” Id., at
718. Next, where an employee has a legitimate privacy
expectation, an employer’s intrusion on that expectation
“for noninvestigatory, work-related purposes, as well as
for investigations of work-related misconduct, should be
judged by the standard of reasonableness under all the
circumstances.” Id., at 725–726.
JUSTICE SCALIA, concurring in the judgment, outlined a
different approach. His opinion would have dispensed
with an inquiry into “operational realities” and would
conclude “that the offices of government employees . . . are
covered by Fourth Amendment protections as a general
matter.” Id., at 731. But he would also have held “that
government searches to retrieve work-related materials or
to investigate violations of workplace rules—searches of
the sort that are regarded as reasonable and normal in the
private-employer context—do not violate the Fourth
Amendment.” Id., at 732.
9. Cite as: 560 U. S. ____ (2010) 9
Opinion of the Court
Later, in the Von Raab decision, the Court explained
that “operational realities” could diminish an employee’s
privacy expectations, and that this diminution could be
taken into consideration when assessing the reasonable-
ness of a workplace search. 489 U. S., at 671. In the two
decades since O’Connor, however, the threshold test for
determining the scope of an employee’s Fourth Amend-
ment rights has not been clarified further. Here, though
they disagree on whether Quon had a reasonable expecta-
tion of privacy, both petitioners and respondents start
from the premise that the O’Connor plurality controls.
See Brief for Petitioners 22–28; Brief for Respondents 25–
32. It is not necessary to resolve whether that premise is
correct. The case can be decided by determining that the
search was reasonable even assuming Quon had a reason-
able expectation of privacy. The two O’Connor ap-
proaches—the plurality’s and JUSTICE SCALIA’s—therefore
lead to the same result here.
III
A
Before turning to the reasonableness of the search, it is
instructive to note the parties’ disagreement over whether
Quon had a reasonable expectation of privacy. The record
does establish that OPD, at the outset, made it clear that
pager messages were not considered private. The City’s
Computer Policy stated that “[u]sers should have no ex-
pectation of privacy or confidentiality when using” City
computers. App. to Pet. for Cert. 152a. Chief Scharf’s
memo and Duke’s statements made clear that this official
policy extended to text messaging. The disagreement, at
least as respondents see the case, is over whether Duke’s
later statements overrode the official policy. Respondents
contend that because Duke told Quon that an audit would
be unnecessary if Quon paid for the overage, Quon rea-
sonably could expect that the contents of his messages
10. 10 ONTARIO v. QUON
Opinion of the Court
would remain private.
At this point, were we to assume that inquiry into “op-
erational realities” were called for, compare O’Connor, 480
U. S., at 717 (plurality opinion), with id., at 730–731
(opinion of SCALIA, J.); see also id., at 737–738 (Blackmun,
J., dissenting), it would be necessary to ask whether
Duke’s statements could be taken as announcing a change
in OPD policy, and if so, whether he had, in fact or ap-
pearance, the authority to make such a change and to
guarantee the privacy of text messaging. It would also be
necessary to consider whether a review of messages sent
on police pagers, particularly those sent while officers are
on duty, might be justified for other reasons, including
performance evaluations, litigation concerning the lawful-
ness of police actions, and perhaps compliance with state
open records laws. See Brief for Petitioners 35–40 (citing
Cal. Public Records Act, Cal. Govt. Code Ann. §6250 et seq.
(West 2008)). These matters would all bear on the legiti-
macy of an employee’s privacy expectation.
The Court must proceed with care when considering the
whole concept of privacy expectations in communications
made on electronic equipment owned by a government
employer. The judiciary risks error by elaborating too
fully on the Fourth Amendment implications of emerging
technology before its role in society has become clear. See,
e.g., Olmstead v. United States, 277 U. S. 438 (1928),
overruled by Katz v. United States, 389 U. S. 347, 353
(1967). In Katz, the Court relied on its own knowledge
and experience to conclude that there is a reasonable
expectation of privacy in a telephone booth. See id., at
360–361 (Harlan, J., concurring). It is not so clear that
courts at present are on so sure a ground. Prudence coun-
sels caution before the facts in the instant case are used to
establish far-reaching premises that define the existence,
and extent, of privacy expectations enjoyed by employees
when using employer-provided communication devices.
11. Cite as: 560 U. S. ____ (2010) 11
Opinion of the Court
Rapid changes in the dynamics of communication and
information transmission are evident not just in the tech-
nology itself but in what society accepts as proper behav-
ior. As one amici brief notes, many employers expect or at
least tolerate personal use of such equipment by employ-
ees because it often increases worker efficiency. See Brief
for Electronic Frontier Foundation et al. 16–20. Another
amicus points out that the law is beginning to respond to
these developments, as some States have recently passed
statutes requiring employers to notify employees when
monitoring their electronic communications. See Brief for
New York Intellectual Property Law Association 22 (citing
Del. Code Ann., Tit. 19, §705 (2005); Conn. Gen. Stat. Ann.
§31–48d (West 2003)). At present, it is uncertain how
workplace norms, and the law’s treatment of them, will
evolve.
Even if the Court were certain that the O’Connor plural-
ity’s approach were the right one, the Court would have
difficulty predicting how employees’ privacy expectations
will be shaped by those changes or the degree to which
society will be prepared to recognize those expectations as
reasonable. See 480 U. S., at 715. Cell phone and text
message communications are so pervasive that some
persons may consider them to be essential means or nec-
essary instruments for self-expression, even self-
identification. That might strengthen the case for an
expectation of privacy. On the other hand, the ubiquity of
those devices has made them generally affordable, so one
could counter that employees who need cell phones or
similar devices for personal matters can purchase and pay
for their own. And employer policies concerning commu-
nications will of course shape the reasonable expectations
of their employees, especially to the extent that such
policies are clearly communicated.
A broad holding concerning employees’ privacy expecta-
tions vis-à-vis employer-provided technological equipment
12. 12 ONTARIO v. QUON
Opinion of the Court
might have implications for future cases that cannot be
predicted. It is preferable to dispose of this case on nar-
rower grounds. For present purposes we assume several
propositions arguendo: First, Quon had a reasonable
expectation of privacy in the text messages sent on the
pager provided to him by the City; second, petitioners’
review of the transcript constituted a search within the
meaning of the Fourth Amendment; and third, the princi-
ples applicable to a government employer’s search of an
employee’s physical office apply with at least the same
force when the employer intrudes on the employee’s pri-
vacy in the electronic sphere.
B
Even if Quon had a reasonable expectation of privacy in
his text messages, petitioners did not necessarily violate
the Fourth Amendment by obtaining and reviewing the
transcripts. Although as a general matter, warrantless
searches “are per se unreasonable under the Fourth
Amendment,” there are “a few specifically established and
well-delineated exceptions” to that general rule. Katz,
supra, at 357. The Court has held that the “ ‘special
needs’ ” of the workplace justify one such exception.
O’Connor, 480 U. S., at 725 (plurality opinion); id., at 732
(SCALIA, J., concurring in judgment); Von Raab, 489 U. S.,
at 666–667.
Under the approach of the O’Connor plurality, when
conducted for a “noninvestigatory, work-related purpos[e]”
or for the “investigatio[n] of work-related misconduct,” a
government employer’s warrantless search is reasonable if
it is “ ‘justified at its inception’ ” and if “ ‘the measures
adopted are reasonably related to the objectives of the
search and not excessively intrusive in light of’ ” the cir-
cumstances giving rise to the search. 480 U. S., at 725–
726. The search here satisfied the standard of the
O’Connor plurality and was reasonable under that ap-
13. Cite as: 560 U. S. ____ (2010) 13
Opinion of the Court
proach.
The search was justified at its inception because there
were “reasonable grounds for suspecting that the search
[was] necessary for a noninvestigatory work-related pur-
pose.” Id., at 726. As a jury found, Chief Scharf ordered
the search in order to determine whether the character
limit on the City’s contract with Arch Wireless was suffi-
cient to meet the City’s needs. This was, as the Ninth
Circuit noted, a “legitimate work-related rationale.” 529
F. 3d, at 908. The City and OPD had a legitimate interest
in ensuring that employees were not being forced to pay
out of their own pockets for work-related expenses, or on
the other hand that the City was not paying for extensive
personal communications.
As for the scope of the search, reviewing the transcripts
was reasonable because it was an efficient and expedient
way to determine whether Quon’s overages were the result
of work-related messaging or personal use. The review
was also not “ ‘excessively intrusive.’ ” O’Connor, supra, at
726 (plurality opinion). Although Quon had gone over his
monthly allotment a number of times, OPD requested
transcripts for only the months of August and September
2002. While it may have been reasonable as well for OPD
to review transcripts of all the months in which Quon
exceeded his allowance, it was certainly reasonable for
OPD to review messages for just two months in order to
obtain a large enough sample to decide whether the char-
acter limits were efficacious. And it is worth noting that
during his internal affairs investigation, McMahon re-
dacted all messages Quon sent while off duty, a measure
which reduced the intrusiveness of any further review of
the transcripts.
Furthermore, and again on the assumption that Quon
had a reasonable expectation of privacy in the contents of
his messages, the extent of an expectation is relevant to
assessing whether the search was too intrusive. See Von
14. 14 ONTARIO v. QUON
Opinion of the Court
Raab, supra, at 671; cf. Vernonia School Dist. 47J v. Ac-
ton, 515 U. S. 646, 654–657 (1995). Even if he could as-
sume some level of privacy would inhere in his messages,
it would not have been reasonable for Quon to conclude
that his messages were in all circumstances immune from
scrutiny. Quon was told that his messages were subject to
auditing. As a law enforcement officer, he would or should
have known that his actions were likely to come under
legal scrutiny, and that this might entail an analysis of his
on-the-job communications. Under the circumstances, a
reasonable employee would be aware that sound manage-
ment principles might require the audit of messages to
determine whether the pager was being appropriately
used. Given that the City issued the pagers to Quon and
other SWAT Team members in order to help them more
quickly respond to crises—and given that Quon had re-
ceived no assurances of privacy—Quon could have antici-
pated that it might be necessary for the City to audit
pager messages to assess the SWAT Team’s performance
in particular emergency situations.
From OPD’s perspective, the fact that Quon likely had
only a limited privacy expectation, with boundaries that
we need not here explore, lessened the risk that the review
would intrude on highly private details of Quon’s life.
OPD’s audit of messages on Quon’s employer-provided
pager was not nearly as intrusive as a search of his per-
sonal e-mail account or pager, or a wiretap on his home
phone line, would have been. That the search did reveal
intimate details of Quon’s life does not make it unreason-
able, for under the circumstances a reasonable employer
would not expect that such a review would intrude on such
matters. The search was permissible in its scope.
The Court of Appeals erred in finding the search unrea-
sonable. It pointed to a “host of simple ways to verify the
efficacy of the 25,000 character limit . . . without intruding
on [respondents’] Fourth Amendment rights.” 529 F. 3d,
15. Cite as: 560 U. S. ____ (2010) 15
Opinion of the Court
at 909. The panel suggested that Scharf “could have
warned Quon that for the month of September he was
forbidden from using his pager for personal communica-
tions, and that the contents of all his messages would be
reviewed to ensure the pager was used only for work-
related purposes during that time frame. Alternatively, if
[OPD] wanted to review past usage, it could have asked
Quon to count the characters himself, or asked him to
redact personal messages and grant permission to [OPD]
to review the redacted transcript.” Ibid.
This approach was inconsistent with controlling prece-
dents. This Court has “repeatedly refused to declare that
only the ‘least intrusive’ search practicable can be reason-
able under the Fourth Amendment.” Vernonia, supra, at
663; see also, e.g., Board of Ed. of Independent School Dist.
No. 92 of Pottawatomie Cty. v. Earls, 536 U. S. 822, 837
(2002); Illinois v. Lafayette, 462 U. S. 640, 647 (1983).
That rationale “could raise insuperable barriers to the
exercise of virtually all search-and-seizure powers,”
United States v. Martinez-Fuerte, 428 U. S. 543, 557, n. 12
(1976), because “judges engaged in post hoc evaluations of
government conduct can almost always imagine some
alternative means by which the objectives of the govern-
ment might have been accomplished,” Skinner, 489 U. S.,
at 629, n. 9 (internal quotation marks and brackets omit-
ted). The analytic errors of the Court of Appeals in this
case illustrate the necessity of this principle. Even assum-
ing there were ways that OPD could have performed the
search that would have been less intrusive, it does not
follow that the search as conducted was unreasonable.
Respondents argue that the search was per se unrea-
sonable in light of the Court of Appeals’ conclusion that
Arch Wireless violated the SCA by giving the City the
transcripts of Quon’s text messages. The merits of the
SCA claim are not before us. But even if the Court of
Appeals was correct to conclude that the SCA forbade
16. 16 ONTARIO v. QUON
Opinion of the Court
Arch Wireless from turning over the transcripts, it does
not follow that petitioners’ actions were unreasonable.
Respondents point to no authority for the proposition that
the existence of statutory protection renders a search per
se unreasonable under the Fourth Amendment. And the
precedents counsel otherwise. See Virginia v. Moore, 553
U. S. 164, 168 (2008) (search incident to an arrest that
was illegal under state law was reasonable); California v.
Greenwood, 486 U. S. 35, 43 (1988) (rejecting argument
that if state law forbade police search of individual’s gar-
bage the search would violate the Fourth Amendment).
Furthermore, respondents do not maintain that any OPD
employee either violated the law him- or herself or knew
or should have known that Arch Wireless, by turning over
the transcript, would have violated the law. The other-
wise reasonable search by OPD is not rendered unreason-
able by the assumption that Arch Wireless violated the
SCA by turning over the transcripts.
Because the search was motivated by a legitimate work-
related purpose, and because it was not excessive in scope,
the search was reasonable under the approach of the
O’Connor plurality. 480 U. S., at 726. For these same
reasons—that the employer had a legitimate reason for
the search, and that the search was not excessively intru-
sive in light of that justification—the Court also concludes
that the search would be “regarded as reasonable and
normal in the private-employer context” and would satisfy
the approach of JUSTICE SCALIA’s concurrence. Id., at 732.
The search was reasonable, and the Court of Appeals
erred by holding to the contrary. Petitioners did not vio-
late Quon’s Fourth Amendment rights.
C
Finally, the Court must consider whether the search
violated the Fourth Amendment rights of Jerilyn Quon,
Florio, and Trujillo, the respondents who sent text mes-
17. Cite as: 560 U. S. ____ (2010) 17
Opinion of the Court
sages to Jeff Quon. Petitioners and respondents disagree
whether a sender of a text message can have a reasonable
expectation of privacy in a message he knowingly sends to
someone’s employer-provided pager. It is not necessary to
resolve this question in order to dispose of the case, how-
ever. Respondents argue that because “the search was
unreasonable as to Sergeant Quon, it was also unreason-
able as to his correspondents.” Brief for Respondents 60
(some capitalization omitted; boldface deleted). They
make no corollary argument that the search, if reasonable
as to Quon, could nonetheless be unreasonable as to
Quon’s correspondents. See id., at 65–66. In light of this
litigating position and the Court’s conclusion that the
search was reasonable as to Jeff Quon, it necessarily
follows that these other respondents cannot prevail.
* * *
Because the search was reasonable, petitioners did not
violate respondents’ Fourth Amendment rights, and the
court below erred by concluding otherwise. The judgment
of the Court of Appeals for the Ninth Circuit is reversed,
and the case is remanded for further proceedings consis-
tent with this opinion.
It is so ordered.