Is a search of a cell phone pursuant to a probation condition reasonable?
California, United States of America
The following excerpt is from People v. Garcia, C082617 (Cal. App. 2017):
Nonetheless, Lara, supra, 815 F.3d 605 applied the reasoning of Riley combined with the reasonableness analysis articulated in United States v. Knights (2001) 534 U.S. 112, 117-118 [151 L.Ed.2d 497], to conclude that a warrantless search of a cell phone pursuant to a probation condition was not reasonable. Defendant urges us to do the same. We are not persuaded.
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