CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, December 14, 2009

Today's Criminal Law and Procedure Cert Grants

Three cases were granted today; description of issues comes from ScotusBlog, which also has links to briefs and opinions below:

City of Ontario v. Quon: (1) Whether a SWAT team member has a reasonable expectation of privacy in text messages transmitted on his SWAT pager, where the police department has an official no-privacy policy but a non-policymaking lieutenant announced an informal policy of allowing some personal use of the pagers; (2) Whether individuals who send text messages to a SWAT team member’s SWAT pager have a reasonable expectation that their messages will be free from review by the recipient’s government employer.

Carachuri-Rosendo v. HolderWhether a person convicted under state law for simple drug possession (a federal misdemeanor) has been “convicted” of an “aggravated felony” on the theory that he could have been prosecuted for recidivist simple possession (a federal felony), even though there was no charge or finding of a prior conviction in his prosecution for possession.

Robertson v. U.S. Ex Rel. Watson: Whether prosecution for criminal contempt of a court created by Congress may be brought by a private individual in her own name

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