Friday, June 18, 2010

Recent Supreme Court decision--Quon case

Now that the Supreme Court's term is drawing to a close, I'll be posting on some of the more important decisions for CL&J. The first case to be discussed is CITY OF ONTARIO, CALIFORNIA, ET AL., v. QUON ET AL., No. 08-1332, Decided June 17, 2010. The Court held that there was no Fourth Amendment violation when the police department "searched" the officer’s agency-provided alpha-numeric pager (which could send text messages) without a warrant. Although I think the individual should get the benefit of the doubt in close cases when challenging government action violative of constitutional rights, this case wasn’t even close. The Court unanimously overturned the 9th Circuit (California, Idaho, etc.) which found for the officer. The 9th Circuit is probably the most frequently over-ruled Circuit. Although sometimes they get it right, there are too many left-wing ideologues on that Circuit Court of Appeals who appear to be unwilling to read and apply Supreme Court precedent. LINK

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