Yesterday, the Supreme Court granted three cert petitions and called for the Solicitor General’s view on another. In City of Ontario v. Quon, No. 08-1332, the Court will determine whether government employers may monitor employees’ text messages transmitted with a government-issued pager.
The questions presented are:
2. Whether the Ninth Circuit contravened this Court’s Fourth Amendment precedents and created a circuit conflict by analyzing whether the police department could have used “less intrusive methods” of reviewing text messages transmitted by a SWAT team member on his SWAT pager.
3. Whether individuals who send text messages to a SWAT team member’s SWAT pager have a reasonable expectation that their messages will be free from review by the recipient’s government employer.
The Court also granted Robertson v. U.S. Ex Rel. Watson, No. 08-6261, and Carachuri-Rosendo v. Holder, No. 09-60.
The Solicitor General was also invited to file a brief expressing the views of the United States in Thompson v. North American Stainless, 09-291.
The full order list is here.