Take a look at this interesting post from a lawyers' blog on a case to go before the Supreme Court next week: City of Ontario (Cal.) v. Quon. The 9th Circuit decided in favor of a police sergeant who had used a City-issued pager for personal messages (many of them very explicit) with co-workers and others; the City conducted an IA investigation and obtained the messages. Quon and others sued the wireless vendor and the City, and won on summary judgment. Will the Supreme Court address the limitations on Fourth Amendment rights for public employees? This Supreme Court has a history of walking back pro-employee decisions from the 9th Circuit.
Concurring Opinions thinks it unlikely that the Court will revisit the standard applied to public employee privacy claims. This commentator disagrees. I guess after oral argument next week, we'll have a sense of where they're headed.