PogoWasRight.org

Menu
  • About
  • Privacy
Menu

SCOTUS holds that search of Quon’s text messages was not unreasonable (update3)

Posted on June 17, 2010July 3, 2025 by Dissent

The Supreme Court has issued its opinion in City of Ontario v. Quon (previous coverage here).

The  opinion was written by Justice Kennedy.  Erin Miller of SCOTUSblog writes that the court held that

the search of the police officer’s text messages to his colleagues and to a woman with whom he was having an affair was reasonable, and therefore the officer’s 4th Amendment rights were not violated.  The opinion notes that the case “touches issues of far-reaching significance,” but adds that the case could be resolved simply by apply several principles on when a search is or is not reasonable.

Before considering the reasonableness of the search, the court considered whether Quon had any reasonable expectation of privacy and concluded that he didn’t:

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 expectation of privacy or confidentiality when using” City computers.

One of the issues that had been raised in discussing the case had to do with the privacy expectations of those who exchanged text messages with Quon, i.e., even if Quon didn’t have a reasonable expectation, did they? The court notes that the third parties did not raise the issue in a way that required the court to address it:

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, however. Respondents argue that because “the search was unreasonable as to Sergeant Quon, it was also unreasonable as to his correspondents.” They make no corollary argument that the search, if reasonable as to Quon, could nonetheless be unreasonable as to Quon’s correspondents. …. 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.

I expect to see a lot of commentary from legal scholars on this opinion and will add links to their commentary to this post as I see them.

Update 1: Lyle Denniston has some preliminary comments on the opinion over on SCOTUSblog.

Update 2: More coverage:

Adam Liptak of the NY Times: Justices Allow Search of Work-Issued Pager;
David G. Savage in the L.A. Times: Justices rule in favor of California police chief who read employee’s texts;
W. Scott Blackmer on InformationLawGroup: Quon: US Supreme Court Rules Against Privacy on Employer-Issued Devices

Update 3: 
Kevin Bankston of EFF also sees some hopeful signs in the decision: Hopeful Signs in Supreme Court’s New Text Messaging Privacy Decision, City of Ontario v. Quon.

Tony Mauro of National Law Journal covers the decision: Supreme Court Allows Search of Employee’s City-Owned Pager.

No related posts.

Category: CourtFeatured NewsWorkplace

Post navigation

← Privacy czar raises alarm on smart meter data
Nonresidents can be sued over Florida Internet posts →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Congress tries to outlaw AI that jacks up prices based on what it knows about you
  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard
  • Trump Administration Issues AI Action Plan and Series of AI Executive Orders
  • Indonesia asked to reassess data privacy terms in new U.S. trade deal
  • Meta Denies Tracking Menstrual Data in Flo Health Privacy Trial
  • Wikipedia seeks to shield contributors from UK law targeting online anonymity
  • British government reportedlu set to back down on secret iCloud backdoor after US pressure

RSS Recent Posts on DataBreaches.net

  • Scattered Spider Hijacks VMware ESXi to Deploy Ransomware on Critical U.S. Infrastructure
  • Hacker group “Silent Crow” claims responsibility for cyberattack on Russia’s Aeroflot
  • AIIMS ORBO Portal Vulnerability Exposing Sensitive Organ Donor Data Discovered by Researcher
  • Two Data Breaches in Three Years: McKenzie Health
  • Scattered Spider is running a VMware ESXi hacking spree
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy