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Government

Jul. 10, 2014

Statutory anomaly may decide public records case

The state Supreme Court will decide whether communications of local officials via their private cellphones or email accounts on matters of public business are "public records" under the CPRA. By Richard H. Nakamura Jr.


By Richard H. Nakamura Jr.


In the old days - meaning the 1990s - it seemed that only the bad guys had cellphones. Branded as an "implement[] of the drug trade" (Cobb v. State, 236 Ga.App. 265, 268(1999)), the then-clunky contraption often made the list of paraphernalia suggesting nefarious activity. See, e.g., People v. Russell, 81 Cal. App. 4th 96, 103 (2000). Today, the sleek device gets Fourth Amendment protections. The cellphone, as Ch...

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