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Criminal Procedure Keyed to Ohlin
City of Ontario v. Quon
Citation:
560 U.S. 746 (2010)Facts
In October 2001, the City of Ontario acquired 20 alphanumeric pagers capable of sending and receiving text messages. Arch Wireless Operating Company provided wireless service for the pagers. Under the City’s service contract with Arch Wireless, each pager was allotted a limited number of characters sent or received each month. Within the first billing cycle after the papers were distributed, Quon exceeded his monthly text message character allotment. Each time he reimbursed the City. An administrative assistant employed by the Ontario Police Department contacted Arch Wireless, which then provided the desired transcripts. A superior reviewed the transcripts and discovered that many of the messages sent and received on Quon’s paper were not work related, and some were sexually explicit. Quon was charged with violating OPD rules by pursuing personal matters while on duty.
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