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Labor/Employment

Jan. 7, 2010

Formal v. Informal Policy, Which Will Prevail?

Geoffrey Sheldon and James Oldendorph ask whether formal or informal policy will be the 'operational reality' for policing employee communications.

By Geoffrey Sheldon and James Oldendorph

On Dec. 14, 2009, the U.S. Supreme Court granted the city of Ontario's petition for writ of certiorari and agreed to review whether an Ontario police officer has a reasonable expectation of privacy in text messages transmitted on his city-issued pager, and whether third parties sending text messages to the police officer's pager have a similar expectation of privacy in the messages sent. In connection with the privacy analysis, the...

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