In what circumstances will the probation department be able to obtain access to a defendant's social media accounts without a search warrant?

In People v. Ebertowski (2014) 228 Cal.App.4th 1170, this court rejected an argument similar to T.M.'s regarding privacy, and determined that the "[d]efendant's constitutional privacy rights are not improperly abridged by the password conditions any more than they are by the search condition." (Id. at p. 1176.) We note that in Ebertowski, the defendant used electronic devices and social media to promote his gang activity. This court found that the probation department needed to monitor the defendant's gang communications and that the conditions did not unreasonably infringe on the defendant's privacy rights any more than a standard search condition. (Id. at p. 1175.)

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