What is the current state of the law on electronic search of a defendant on probation?

California, United States of America


The following excerpt is from People v. Jose V. (In re Jose V.), A150474 (Cal. App. 2018):

Similarly, the defendant in People v. Ebertowski was found to require more intensive supervision to protect the public and ensure compliance with his probation conditions, making the electronic search probation condition not constitutionally overbroad. (People v. Ebertowski (2014) 228 Cal.App.4th 1170, 1176.) This defendant was granted probation after pleading no contest to criminal threats and resisting or deterring an officer. (Id. at p. 1172.) He also admitted a gang allegation. (Ibid.) The court allowed the conditions because the narrowly tailored conditions helped to protect the state's interest in preventing the defendant from associating with gangs. (Id. at p. 1176.)

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