city
ontario
california
et
al
quon
et
argued
april
decided
june
petitioner
ontario
hereinafter
city
acquired
alphanumeric
pagers
able
send
receive
text
messages
contract
service
provider
arch
wireless
provided
monthly
limit
number
characters
pager
send
receive
specified
usage
exceeding
number
result
additional
fee
city
issued
pagers
respondent
quon
officers
police
department
opd
also
petitioner
quon
others
exceeded
monthly
character
limits
several
months
running
petitioner
scharf
opd
chief
sought
determine
whether
existing
limit
low
whether
officers
pay
fees
sending
messages
conversely
whether
overages
personal
messages
arch
wireless
provided
transcripts
quon
another
employee
august
september
text
messages
discovered
many
quon
messages
work
related
sexually
explicit
scharf
referred
matter
opd
internal
affairs
division
investigating
officer
used
quon
work
schedule
redact
transcript
messages
sent
duty
transcript
showed
messages
related
police
business
quon
disciplined
violating
opd
rules
respondents
exchanged
text
messages
quon
august
september
filed
suit
alleging
inter
alia
petitioners
violated
fourth
amendment
rights
federal
stored
communications
act
sca
obtaining
reviewing
transcript
quon
pager
messages
arch
wireless
violated
sca
giving
city
transcript
district
denied
respondents
summary
judgment
constitutional
claims
relying
plurality
opinion
ortega
determine
quon
reasonable
expectation
privacy
content
messages
whether
audit
nonetheless
reasonable
concluded
turned
whether
scharf
used
improper
purpose
determining
quon
using
pager
waste
time
legitimate
purpose
determining
efficacy
existing
character
limits
ensure
officers
paying
hidden
costs
jury
concluded
scharf
intent
legitimate
granted
petitioners
summary
judgment
ground
violate
fourth
amendment
ninth
circuit
reversed
although
agreed
quon
reasonable
expectation
privacy
text
messages
appeals
concluded
search
reasonable
even
though
conducted
legitimate
rationale
opinion
pointed
host
means
less
intrusive
audit
scharf
used
concluded
arch
wireless
violated
sca
giving
city
transcript
held
search
quon
text
messages
reasonable
petitioners
violate
respondents
fourth
amendment
rights
ninth
circuit
erred
concluding
otherwise
pp
amendment
guarantees
person
privacy
dignity
security
arbitrary
invasive
governmental
acts
without
regard
whether
government
actor
investigating
crime
performing
another
function
skinner
railway
labor
executives
applies
well
government
acts
capacity
employer
treasury
employees
von
raab
members
disagreed
proper
analytical
framework
fourth
amendment
claims
government
employers
plurality
concluded
correct
analysis
two
steps
first
government
offices
may
open
expectation
privacy
reasonable
must
consider
operational
realities
workplace
determine
employee
constitutional
rights
implicated
second
employee
legitimate
privacy
expectation
employer
intrusion
expectation
noninvestigatory
purposes
well
investigations
misconduct
judged
standard
reasonableness
circumstances
justice
scalia
concurring
judgment
dispensed
operational
realities
inquiry
concluded
offices
government
employees
generally
covered
fourth
amendment
protections
also
held
government
searches
retrieve
materials
investigate
violations
workplace
rules
searches
sort
regarded
reasonable
normal
context
violate
amendment
pp
even
assuming
quon
reasonable
expectation
privacy
text
messages
search
reasonable
approaches
plurality
justice
scalia
pp
resolve
parties
disagreement
quon
privacy
expectation
prudence
counsels
caution
facts
case
used
establish
premises
define
existence
extent
privacy
expectations
employees
using
communication
devices
rapid
changes
dynamics
communication
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transmission
evident
technology
society
accepts
proper
behavior
present
uncertain
workplace
norms
law
treatment
evolve
therefore
preferable
dispose
case
narrower
grounds
assumes
arguendo
quon
reasonable
privacy
expectation
petitioners
review
transcript
constituted
fourth
amendment
search
principles
applicable
government
employer
search
employee
physical
office
apply
well
electronic
sphere
pp
petitioners
warrantless
review
quon
pager
transcript
reasonable
plurality
approach
motivated
legitimate
purpose
excessive
scope
see
reasonable
grounds
finding
necessary
noninvestigatory
purpose
chief
scharf
ordered
audit
determine
whether
city
contractual
character
limit
sufficient
meet
city
needs
also
reasonably
related
objectives
search
city
opd
legitimate
interest
ensuring
employees
forced
pay
pockets
expenses
hand
city
paying
extensive
personal
communications
reviewing
transcripts
efficient
expedient
way
determine
whether
either
factors
caused
quon
overages
review
also
excessively
intrusive
ibid
although
quon
exceeded
monthly
allotment
number
times
opd
requested
transcripts
august
september
order
obtain
large
enough
sample
decide
character
limits
efficaciousness
messages
quon
sent
duty
redacted
opd
perspective
fact
quon
likely
limited
privacy
expectation
lessened
risk
review
intrude
highly
private
details
quon
life
similarly
city
legitimate
reason
search
excessively
intrusive
light
justification
search
regarded
reasonable
normal
context
thereby
satisfy
approach
justice
scalia
concurrence
conversely
ninth
circuit
least
intrusive
means
approach
inconsistent
controlling
precedents
see
vernonia
school
dist
acton
pp
whether
respondents
reasonable
expectation
privacy
text
messages
quon
need
resolved
argue
search
unreasonable
quon
also
unreasonable
make
corollary
argument
search
reasonable
quon
nonetheless
unreasonable
given
litigating
position
conclusion
search
reasonable
quon
respondents
prevail
pp
reversed
remanded
kennedy
delivered
opinion
roberts
stevens
thomas
ginsburg
breyer
alito
sotomayor
joined
scalia
joined
except
part
stevens
filed
concurring
opinion
scalia
filed
opinion
concurring
part
concurring
judgment
city
ontario
california
et
petitioners
jeff
quon
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
kennedy
delivered
opinion
case
involves
assertion
government
employer
right
circumstances
described
read
text
messages
sent
received
pager
employer
owned
issued
employee
employee
contends
privacy
messages
protected
ban
unreasonable
searches
seizures
found
fourth
amendment
constitution
made
applicable
due
process
clause
fourteenth
amendment
mapp
ohio
though
case
touches
issues
farreaching
significance
concludes
resolved
settled
principles
determining
search
reasonable
city
ontario
city
political
subdivision
state
california
case
arose
incidents
respondent
jeff
quon
employed
ontario
police
department
opd
police
sergeant
member
opd
special
weapons
tactics
swat
team
city
opd
opd
chief
lloyd
scharf
petitioners
discussed
two
respondents
share
last
name
quon
opinion
quon
refers
jeff
quon
relevant
events
mostly
revolve
around
october
city
acquired
alphanumeric
pagers
capable
sending
receiving
text
messages
arch
wireless
operating
company
provided
wireless
service
pagers
city
service
contract
arch
wireless
pager
allotted
limited
number
characters
sent
received
month
usage
excess
amount
result
additional
fee
city
issued
pagers
quon
swat
team
members
order
help
swat
team
mobilize
respond
emergency
situations
acquiring
pagers
city
announced
computer
usage
internet
policy
computer
policy
applied
employees
among
provisions
specified
city
reserves
right
monitor
log
network
activity
including
internet
use
without
notice
users
expectation
privacy
confidentiality
using
resources
app
pet
cert
march
quon
signed
statement
acknowledging
read
understood
computer
policy
computer
policy
apply
face
text
messaging
text
messages
share
similarities
two
differ
important
way
case
instance
sent
city
computer
transmitted
city
data
servers
text
message
sent
one
city
pagers
transmitted
using
wireless
radio
frequencies
individual
pager
receiving
station
owned
arch
wireless
routed
arch
wireless
computer
network
remained
recipient
pager
cellular
telephone
ready
receive
message
point
arch
wireless
transmitted
message
transmitting
station
nearest
recipient
delivery
arch
wireless
retained
copy
computer
servers
message
pass
computers
owned
city
although
computer
policy
cover
text
messages
explicit
terms
city
made
clear
employees
including
quon
city
treat
text
messages
way
treated
april
staff
meeting
quon
present
lieutenant
steven
duke
opd
officer
responsible
city
contract
arch
wireless
told
officers
messages
sent
pagers
considered
messages
means
text
messages
fall
city
policy
public
information
eligible
auditing
app
duke
comments
put
writing
memorandum
sent
april
chief
scharf
quon
city
personnel
within
first
second
billing
cycle
pagers
distributed
quon
exceeded
monthly
text
message
character
allotment
duke
told
quon
overage
reminded
messages
sent
pagers
considered
audited
duke
said
however
intent
audit
employee
text
messages
see
overage
due
work
related
transmissions
ibid
duke
suggested
quon
reimburse
city
overage
fee
rather
duke
audit
messages
quon
wrote
check
city
overage
duke
offered
arrangement
employees
incurred
overage
fees
next
months
quon
exceeded
character
limit
three
four
times
time
reimbursed
city
quon
another
officer
incurred
overage
fees
pager
usage
august
meeting
october
duke
told
scharf
become
bill
collector
scharf
decided
determine
whether
existing
character
limit
low
whether
officers
quon
pay
fees
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messages
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personal
messages
scharf
told
duke
request
transcripts
text
messages
sent
august
september
quon
employee
exceeded
character
allowance
duke
request
administrative
assistant
employed
opd
contacted
arch
wireless
verifying
city
subscriber
accounts
arch
wireless
provided
desired
transcripts
duke
reviewed
transcripts
discovered
many
messages
sent
received
quon
pager
work
related
sexually
explicit
duke
reported
findings
scharf
along
quon
immediate
supervisor
reviewed
transcripts
review
scharf
referred
matter
opd
internal
affairs
division
investigation
whether
quon
violating
opd
rules
pursuing
personal
matters
duty
officer
charge
internal
affairs
review
sergeant
patrick
mcmahon
conducting
review
mcmahon
used
quon
work
schedule
redact
transcripts
order
eliminate
messages
quon
sent
duty
reviewed
content
messages
quon
sent
work
hours
mcmahon
report
noted
quon
sent
received
messages
work
hours
month
august
work
related
sent
many
messages
single
day
work
average
workday
quon
sent
received
messages
related
police
business
report
concluded
quon
violated
opd
rules
quon
allegedly
disciplined
raising
claims
rev
stat
et
popularly
known
stored
communications
act
sca
california
law
quon
filed
suit
petitioners
district
central
district
california
arch
wireless
individual
relevant
also
named
defendants
quon
joined
suit
another
plaintiff
party
respondents
exchanged
text
messages
quon
august
september
jerilyn
quon
jeff
quon
separated
april
florio
opd
employee
jeff
quon
romantically
involved
steve
trujillo
another
member
opd
swat
team
among
allegations
complaint
petitioners
violated
respondents
fourth
amendment
rights
sca
obtaining
reviewing
transcript
jeff
quon
pager
messages
arch
wireless
violated
sca
turning
transcript
city
parties
filed
summary
judgment
district
granted
arch
wireless
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summary
judgment
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claim
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petitioners
motion
summary
judgment
fourth
amendment
claims
quon
arch
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operating
supp
cd
cal
relying
plurality
opinion
ortega
district
determined
quon
reasonable
expectation
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content
text
messages
whether
audit
text
messages
nonetheless
reasonable
district
concluded
turned
chief
scharf
intent
purpose
audit
determine
quon
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pager
games
time
audit
constitutionally
reasonable
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purpose
determine
efficacy
existing
character
limits
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officers
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violation
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supp
district
held
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purpose
audit
jury
concluded
scharf
ordered
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determine
efficacy
character
limits
district
accordingly
held
petitioners
violate
fourth
amendment
entered
judgment
favor
appeals
ninth
circuit
reversed
part
panel
agreed
district
jeff
quon
reasonable
expectation
privacy
text
messages
disagreed
district
whether
search
reasonable
even
though
search
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legitimate
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reasonable
scope
panel
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district
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means
chief
scharf
used
verify
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limit
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respondents
fourth
amendment
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pointed
host
simple
ways
chief
used
instead
audit
warning
quon
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month
future
messages
audited
asking
quon
redact
transcript
messages
appeals
concluded
arch
wireless
violated
sca
turning
transcript
city
ninth
circuit
denied
petition
rehearing
en
banc
quon
arch
wireless
operating
judge
ikuta
joined
six
circuit
judges
dissented
judge
wardlaw
concurred
denial
rehearing
defending
panel
opinion
dissent
granted
petition
certiorari
filed
city
opd
chief
scharf
challenging
appeals
holding
violated
fourth
amendment
petition
certiorari
filed
arch
wireless
challenging
ninth
circuit
ruling
arch
wireless
violated
sca
denied
usa
mobility
wireless
quon
ii
fourth
amendment
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
well
settled
fourth
amendment
protection
extends
beyond
sphere
criminal
investigations
camara
municipal
city
county
san
francisco
amendment
guarantees
privacy
dignity
security
persons
certain
arbitrary
invasive
acts
officers
government
without
regard
whether
government
actor
investigating
crime
performing
another
function
skinner
railway
labor
executives
fourth
amendment
applies
well
government
acts
capacity
employer
treasury
employees
von
raab
discussed
principle
physician
employed
state
hospital
alleged
hospital
officials
investigating
workplace
misconduct
violated
fourth
amendment
rights
searching
office
seizing
personal
items
desk
filing
cabinet
members
agreed
general
principle
ndividuals
lose
fourth
amendment
rights
merely
work
government
instead
private
employer
plurality
opinion
see
also
scalia
concurring
judgment
blackmun
dissenting
majority
agreed
needs
beyond
normal
need
law
enforcement
make
warrant
requirement
impracticable
government
employers
plurality
opinion
quoting
new
jersey
blackmun
concurring
judgment
opinion
scalia
quoting
disagree
proper
analytical
framework
fourth
amendment
claims
government
employers
plurality
concluded
correct
analysis
two
steps
first
government
offices
may
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fellow
employees
public
expectation
privacy
reasonable
must
consider
operational
realities
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order
determine
whether
employee
fourth
amendment
rights
implicated
view
question
whether
employee
reasonable
expectation
privacy
must
addressed
basis
next
employee
legitimate
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employer
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purposes
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judged
standard
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justice
scalia
concurring
judgment
outlined
different
approach
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dispensed
inquiry
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realities
conclude
offices
government
employees
covered
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amendment
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matter
also
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materials
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sort
regarded
reasonable
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context
violate
fourth
amendment
later
von
raab
decision
explained
operational
realities
diminish
employee
privacy
expectations
diminution
taken
consideration
assessing
reasonableness
workplace
search
two
decades
since
however
threshold
test
determining
scope
employee
fourth
amendment
rights
clarified
though
disagree
whether
quon
reasonable
expectation
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petitioners
respondents
start
premise
plurality
controls
see
brief
petitioners
brief
respondents
necessary
resolve
whether
premise
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case
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search
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two
approaches
plurality
justice
scalia
therefore
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turning
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instructive
note
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disagreement
whether
quon
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opd
outset
made
clear
pager
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private
city
computer
policy
stated
sers
expectation
privacy
confidentiality
using
city
computers
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pet
cert
chief
scharf
memo
duke
statements
made
clear
official
policy
extended
text
messaging
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least
respondents
see
case
whether
duke
later
statements
overrode
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policy
respondents
contend
duke
told
quon
audit
unnecessary
quon
paid
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quon
reasonably
expect
contents
messages
remain
private
point
assume
inquiry
operational
realities
called
compare
plurality
opinion
opinion
scalia
see
also
blackmun
dissenting
necessary
ask
whether
duke
statements
taken
announcing
change
opd
policy
whether
fact
appearance
authority
make
change
guarantee
privacy
text
messaging
also
necessary
consider
whether
review
messages
sent
police
pagers
particularly
sent
officers
duty
might
justified
reasons
including
performance
evaluations
litigation
concerning
lawfulness
police
actions
perhaps
compliance
state
open
records
laws
see
brief
petitioners
citing
cal
public
records
act
cal
govt
code
ann
et
seq
west
matters
bear
legitimacy
employee
privacy
expectation
must
proceed
care
considering
whole
concept
privacy
expectations
communications
made
electronic
equipment
owned
government
employer
judiciary
risks
error
elaborating
fully
fourth
amendment
implications
emerging
technology
role
society
become
clear
see
olmstead
overruled
katz
katz
relied
knowledge
experience
conclude
reasonable
expectation
privacy
telephone
booth
see
harlan
concurring
clear
courts
present
sure
ground
prudence
counsels
caution
facts
instant
case
used
establish
premises
define
existence
extent
privacy
expectations
enjoyed
employees
using
communication
devices
rapid
changes
dynamics
communication
information
transmission
evident
technology
society
accepts
proper
behavior
one
amici
brief
notes
many
employers
expect
least
tolerate
personal
use
equipment
employees
often
increases
worker
efficiency
see
brief
electronic
frontier
foundation
et
al
another
amicus
points
law
beginning
respond
developments
recently
passed
statutes
requiring
employers
notify
employees
monitoring
electronic
communications
see
brief
new
york
intellectual
property
law
association
citing
del
code
tit
stat
ann
west
present
uncertain
workplace
norms
law
treatment
evolve
even
certain
plurality
approach
right
one
difficulty
predicting
employees
privacy
expectations
shaped
changes
degree
society
prepared
recognize
expectations
reasonable
see
cell
phone
text
message
communications
pervasive
persons
may
consider
essential
means
necessary
instruments
even
might
strengthen
case
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