TITLE

Safe for Work? Analyzing the Supreme Court's Standard of Privacy for Government Employees in Light of City of Ontario v. Quon

AUTHOR(S)
Bentzen, Sheila A.
PUB. DATE
May 2012
SOURCE
Iowa Law Review;May2012, Vol. 97 Issue 4, p1283
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This Note analyzes the need for the Supreme Court to develop a constitutional standard for determining whether a government search of a public employee is reasonable under the Fourth Amendment. Specifically, this Note stresses that the test needs to take into account emerging technology and its impact on public employees 'privacy rights. To properly ground these issues in current law, this Note explores them through the lens of the Supreme Court's two major opinions related to government searches of its employees--O'Connor v. Ortega and City of Ontario v. Quon. The Note demonstrates that the Supreme Court has yet to produce a standard that adequately protects the privacy interests of public employees. To fill this gap in the law, this Note proposes a balancing test that weighs the interests of both the government employer and the government employee. The test does so by considering the extent to which an employee's work-related activity carries over into the private sphere of the home.
ACCESSION #
76165261

 

Related Articles

  • PUBLIC EMPLOYEES' RIGHT TO PRIVACY IN THEIR ELECTRONIC COMMUNICATIONS: CITY OF ONTARIO V. QUON IN THE SUPREME COURT. Doyle, Charles // Journal of Communications Research;2011, Vol. 2 Issue 2/3, p212 

    In City of Ontario v. Quon, the Supreme Court held that officials had acted reasonably when they reviewed transcripts of messages sent to and from Sergeant Quon' s city-issued pager in order to determine whether service limits on the pager's use should be increased. The Court assumed, without...

  • Can the dean search my campus office? Franke, Ann H. // Academe;Sep/Oct95, Vol. 81 Issue 5, p72 

    Analyzes the entitlement of the degree of privacy in a campus office. Focus on the Supreme Court's Fourth Amendment standards for police warrants; Note on the Supreme Court's 1987 case O'Connor v. Ortega.

  • PRIVACY RIGHTS. Dupont, Norman; Clarke, Roy // Public Management (00333611);Nov2010, Vol. 92 Issue 10, p24 

    The article discusses the rights of public employers to monitor the use of electronic devices provided to their employees. It explores the case City of Ontario v. Quon, which offers insights about the importance for employers to implement communication policies to shape reasonable expectations...

  • THE INVESTIGATION PROCEDURES OF THE UNITED NATIONS OFFICE OF INTERNAL OVERSIGHT SERVICES AND THE RIGHTS OF THE UNITED NATIONS STAFF MEMBER: AN ANALYSIS OF THE UNITED NATIONS JUDICIAL TRIBUNALS' JUDGMENTS ON DISCIPLINARY CASES IN THE UNITED NATIONS. Shockley, Tamara A. // Pace International Law Review;Summer2015, Vol. 27 Issue 2, p469 

    The article focuses on the importance of internal investigation with the investigation procedure of the United Nations (UN) Office of Internal Oversight Services (OIOS) and the due process right of the staff members of the UN. Topics discussed include purpose of conducting appropriate...

  • Selected Criminal-Law Cases in the United States Supreme Court in the 2009-2010 Term, and a Look Ahead. Weisselberg, Charles D. // Court Review;2010, Vol. 46 Issue 3, p68 

    The article examines some criminal-law cases in the U.S. Supreme Court from 2009-2010. The case McDonald v. City of Chicago, Ill. dealt with the Second Amendment right to keep and bear arms applied to U.S. states. City of Ontario v. Quon brought up the Fourth Amendment question of whether a...

  • Supreme Court Issues Ruling in Workplace Privacy Case. Schiller, Kurt // Information Today;Sep2010, Vol. 27 Issue 8, p46 

    The article reports on the ruling of the U.S. Supreme Court in the case City of Ontario v. Quon which held that the police chief's decision to review the messages of a police officer in the work-issued mobile device was within rights.

  • U.S. Supreme Court Rules in Quon: Employee Text Messages Not Shielded from Employer Review.  // Venulex Legal Summaries;2010 Q2, Special section p1 

    The article discusses a court case wherein the U.S. Supreme Court ruled that reviewing employee text messages that were sent through employer-issued electronic devices is not considered a violation of traditional and reasonable search standards under the Fourth Amendment. It provides facts on...

  • Do you have to wait until you're eighteen to get some privacy? Jacobs, Tom // Teens Take it to Court;2006, p75 

    The article discusses a court case, Tariq A-R v. Maryland, wherein the petitioner claims that the police has violated his right to privacy due to unreasonable search and seizure in Frederick County, Maryland. The plaintiff, a minor who lived with his mother, was arrested for possession of an...

  • What Has Happened To the Right of Privacy. Lewin, Nathan // New Republic;5/15/76, Vol. 174 Issue 20, p15 

    Reports on setbacks faced by the right of privacy in the U.S. Supreme Court this year. Decisions in the Court that affected the extent to which individuals are able to control access to information about themselves; Discussion of the Constitution's protection of privacy by the provision in the...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics