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Notable dicta in Quon case that might impact (now common?) sex offender restrictions

By Douglas A. Berman

In addition to the Dilloncrack retroactivity ruling (basics here and here), the other criminal justice decision from the Supreme Court today came in City of Ontario v. Quon (available here).  Quon concerns various Fourth Amendment issues surrounding a state police department's review of transcripts of salacious text messages an officer sent and received on his department-issued pager.  Though Quon will be of greatest interest to those involved in traditional debates over privacy and police-practices, the opinion for the Court by Justice Kennedy has this notable flourish that could have some broader impact: Cell phone and text message communications are so pervasive that some persons may consider them to be essential means or necessary instruments for self-expression, even self-identification...continue to full post

Full post as published by Sentencing Law and Policy on June 17, 2010 (boomark / email).