Preview of Member Only Content
For full access: 
or Become a Member 
Search & Seizure Commentary
By Caitlin E. Parry
City’s Viewing of Employee’s Text Messages Did Not Run Afoul of Fourth Amendment
Even if the employee in City of Ontario, California v. Quon1 had a
reasonable expectation of privacy in the text messages on his
city-issued pager, the city did not violate the Fourth Amendment by
obtaining and viewing transcripts of those messages. The U.S. Supreme
Court decision, handed down on June 17, 2010, was a narrow one, with the
court stating, “Prudence counsels 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.”2
Audit of Text Messages
The City of Ontario obtained alphanumeric pagers capable of sending and
receiving text messages for use by SWAT Team members to help with
mobilization and response to emergency situations. Prior to issuing the
pagers, the city gave its employees a Computer Policy explaining
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.