More Juror Misconduct On Facebook…Court Gets Serious.

Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial.  In order to determine whether juror misconduct was committed, the court ordered the former juror to execute a consent form pursuant to the Stored Communications Act [SCA; 18 U.S.C. §2701 et seq.] authorizing Facebook to release to the court for an in camera review all items he posted during the trial.  The juror filed a petition for writ of prohibition contending the court’s order violates the SCA, his state and federal privacy rights and the Fourth and Fifth Amendments to the U.S. Constitution.  The Court of Appeal, after finding the juror failed to establish a violation of his constitutional or privacy rights and that the SCA is not applicable, denied the petition.  Juror Number One v. Sup. Ct. (Demetrius Royster)  (Cal. App. Third Dist.; May 31, 2012) 206 Cal.App.4th 854, [142 Cal.Rptr.3d 151].