Rachel Costello reports that the California Supreme Court has granted a stay of Judge Kenny’s order to Arturo Ramirez (“Juror Number One”) to sign consent for Facebook to provide his postings to the court. A Sacramento trial court had upheld Judge Kenny’s order and Ramirez’s attorney had filed for both a review of the decision by the California Supreme Court as well as injunctive relief from a federal court.
The petition asked the court to “grant review to determine whether a trial court can order a juror to consent to the release of his private communications stored on a social networking site account in violation of the Fourth Amendment where such information may implicate his Fifth Amendment right against self-incrimination.”
On Monday, California Supreme Court’s new Chief Justice Tani Cantil-Sakauye granted a stay on the lower court’s order, pending the court’s resolution of the petition of review. The court has not decided whether to accept the case for review.
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Thanks to John Wesley Hall of FourthAmendment.com for alerting me to this new development.