How have courts interpreted a probation order requiring a minor to submit electronic devices to a search warrant?

California, United States of America


The following excerpt is from People v. Bolster, H045322 (Cal. App. 2019):

show that counsel's deficiencies resulted in prejudice, that is, a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." [Citation.]' [Citation.]" (People v. Lopez (2008) 42 Cal.4th 960, 966 (Lopez).)

In this case, defendant's trial counsel may have reasonably concluded that probation with the electronics search condition was the best possible result for defendant. By the time of defendant's sentencing, the appellate court in P.O., supra, 246 Cal.App.4th 288, in response to a contention of unconstitutional overbreadth, had modified an electronics search condition so that it was worded similar to the electronics search condition imposed in this case. (Id. at p. 291.) In In re P.O., the minor admitted that he committed a misdemeanor count of public intoxication, but there was no evidence about his use of electronic devices. (Id. at pp. 292, 294.) The appellate court modified the electronics search condition to require, similar to the condition in this case, the submission of "all electronic devices under your control to a search of any medium of communication reasonably likely to reveal whether you are boasting about your drug use or otherwise involved with drugs, with or without a search warrant, at any time of the day or night, and provide the probation or peace officer with any passwords necessary to access the information specified. Such media of communication include text messages, voicemail messages, photographs, e-mail accounts, and social media accounts." (Id. at p. 300.) Given the existence of case law approving an electronics search condition worded similarly to the probation condition in this case, defendant's "trial counsel could have reasonably concluded that the trial court would not have entertained an objection to the probation condition." (People v. Kendrick (2014) 226 Cal.App.4th 769, 779.)

Other Questions


When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
What is the effect of Section 6 of a California Probation Order requiring a defendant to submit his personal information and electronic devices to a search warrant? (California, United States of America)
In a minor's probation application to the Court of Appeal, is the minor's claim that the search of his pockets was not justified by the search incident to arrest exception to the warrant requirement? (California, United States of America)
What is the effect of a probation order requiring a probation officer to search a defendant's electronic devices? (California, United States of America)
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device? (California, United States of America)
What is the scope of a probation order requiring a defendant to submit to a search of his electronic devices? (California, United States of America)
What is the relevant case law on a probation order requiring a defendant to submit his computers and other electronic devices to warrantless search? (California, United States of America)
Can a probation probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.