What is the current state of the law on the right to search electronic devices of a minor on probation?

California, United States of America


The following excerpt is from People v. C.F. (In re C.F.), A153933 (Cal. App. 2019):

Lastly, in reaching these conclusions, we acknowledge minor's concerns that the electronics search condition will make all information on his computers and electronic devices subject to search, and would allow for searches of vast amounts of personal information unrelated to his criminal conduct or his potential for future criminality, including in some cases information possessed by innocent third parties. (See People v. Appleton, supra, 245 Cal.App.4th at p. 727.) However, under the current state of the law, the standard governing minor's challenge to the electronics search condition is the same as for probation conditions in general: "The essential question in an overbreadth challenge is the closeness of the fit between the legitimate purpose of the restriction and the burden it imposes on the defendant's constitutional rightsbearing in mind, of course, that perfection in such matters is impossible, and that practical necessity will justify some infringement." (In re E.O., supra, 188 Cal.App.4th at p. 1153.) And here,

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