We all love to text, lol. The Ninth Circuit denied en banc (full court) review on a ruling that the Ontario Police Department violated an employee’s right to privacy when supervisors examined the contents of text messages sent on department pagers.
A panel of the court ruled in June that the department violated the Fourth Amendment rights of Sgt. Jeff Quon and three others to whom he sent text messages when the department obtained transcripts from the service provider and examined the messages’ contents to determine whether a monthly overage charge resulted from personal use.
The case, Quon v. Arch Wireless, 07-55282, decision available here, will not be heard en banc. For more analysis of the opinion and how to use it, check out this post from the Ninth Circuit Blog.
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