Safe for Work? Analyzing the Supreme Court's Standard of Privacy for Government Employees in Light of City of Ontario v. Quon

AuthorSheila A. Bentzen
PositionJ.D. Candidate, The University of Iowa College of Law, 2012
Pages1283-1304
1283
Safe for Work? Analyzing the Supreme
Court’s Standard of Privacy for
Government Employees in Light of City of
Ontario v. Quon
Sheila A. Bentzen
ABSTRACT: This Note analyzes the need for the Supreme Court to develop
a constitutional standard for determining whether a government search of a
public employee is reasonable under the Fourth Amendment. Specifically,
this Note stresses that the test needs to take into account emerging technology
and its impact on public employees’ privacy rights. To properly ground these
issues in current law, this Note explores them through the lens of the
Supreme Court’s two major opinions related to government searches of its
employees—O’Connor v. Ortega and City of Ontario v. Quon. The
Note demonstrates that the Supreme Court has yet to produce a standard
that adequately protects the privacy interests of public employees. To fill this
gap in the law, this Note proposes a balancing test that weighs the interests
of both the government employer and the government employee. The test does
so by considering the extent to which an employee’s work-related activity
carries over into the private sphere of the home.
I. INTRODUCTION .................................................................................... 1285
II. DEFINING THE SCOPE OF A GOVERNMENT EMPLOYEE’S PRIVACY
RIGHTS: A BRIEF OVERVIEW OF THE LAW ............................................ 1286
A. O’CONNOR V. ORTEGA AND PRIVACY RIGHTS BEFORE QUON ........ 1287
1. The Plurality’s Balancing Test ............................................. 1288
2. Justice Scalia’s Concurrence and the Presumption of
Reasonableness Standard .................................................... 1289
3. Circuit Court Treatment of Public Employee Privacy
Rights Under O’Connor ........................................................ 1289
B. PRIVACY LAW TODAY ...................................................................... 1290
J.D. Candidate, The University of Iowa College of Law, 2012; B.A., University of
Nebraska, 2009. I thank the editorial board and student writers of Volume 97 for their hard
work and assistance in editing this Note.
1284 IOWA LAW REVIEW [Vol. 97:1283
III. THE NEED FOR A BROADER HOLDING DEFINING GOVERNMENT
EMPLOYEES’ PRIVACY RIGHTS .............................................................. 1291
A. THE NEED TO PROVIDE GUIDANCE TO LOWER COURTS .................... 1292
B. TECHNOLOGICAL REALITIES OF THE MODERN WORKPLACE .............. 1293
IV. A NEW TEST TO EVALUATE PUBLIC EMPLOYEE PRIVACY RIGHTS ........ 1295
A. BALANCING TESTS AND LOWER COURT CONFUSION .......................... 1296
B. WEIGHING GOVERNMENT EMPLOYEES’ PRIVACY INTERESTS .............. 1297
1. Privacy Expectations ............................................................. 1298
2. Reasonableness of the Search ............................................. 1301
C. QUON REVISITED ........................................................................... 1302
VI. CONCLUSION ....................................................................................... 1303

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex