quon Tag Archives — Court-Martial Trial Practice Blog

Collateral consequences

June 17, 2010 | The Law Office of Philip D. Cave

The U.S. Supreme Court decided City of Ontario v. Quon today. Quon is a case about searching pagers and cellphones.

Our clients convicted of child pornography offenses and certain other offenses in which the internet is case related are restricted in computer access post-release. I mention Quon because of an interesting comment at Sentencing Law & Policy.

I recently had to deal with the Federal Probation Service and the Air Force Clemency & Parole Board about a former now paroled client alleged to have improperly used computers to search for employment. Employment is necessary for parole, and most state funded employment offices, and many employers require applicants to use computers to search for a job or to apply for a job. We resolved the case in the client’s favor and parole was not revoked. The parole and FPS rules do allow computer use in limited circumstances related to seeking employment. The rules are bureaucratic and subject to misunderstanding. Basically the rules require a new “permission” to use a computer each time. So going to Home Depot in the AM and Lowes in the PM requires two permissions. So, here is the SL&P comment on an aspect of Quon.

City of Ontario v. Quon

April 19, 2010 | The Law Office of Philip D. Cave

SCOTUSBlog has a podcast of today’s oral argument.

Digital privacy?

April 18, 2010 | The Law Office of Philip D. Cave

SCOTUSBlog reports that:

At about 11 a.m. Monday, the Supreme Court will hear one hour of oral argument in City of Ontario, et al., v. Quon, et al. (08-1332). Arguing for the California city and its police department will be Kent L. Richland of Greines, Martin, Stein & Richland in Los Angeles. The federal government, represented by Deputy Solicitor General Neal K. Katyal, will have 10 minutes as amicus urging reversal of the Ninth Circuit Court decision. Representing four individuals who sued the city will be Dieter C. Dammeier of Lackie, Dammeier & McGill in Upland, CA.

The ubiquitous personal electronic device — pager, cellphone, “smart phone,” PDA — is emerging as a centerpiece in Digital Age legal controversy, including constitutional disputes when a government agency gets involved in regulating the use of these convenient computer-assisted, hand-held items. The Supreme Court has taken on a case to lay down some basic constitutional ground rules on when the users of those devices — at least in government workplaces — can claim a right of privacy, and sue to enforce the right