What is the current state of the law regarding electronic searches of cell phones under probation?

enjoyed by law-abiding citizens." ( United States v. Knights (2001) 534 U.S. 112, 119, 122 S.Ct. 587, 151 L.Ed.2d 497.) As already discussed, the unique qualities of cell phones (and similar electronic devices) may make a search more intrusive; however, they also open up new avenues to crime and necessitate new methods of supervision.

Significantly, defendant does not suggest how the challenged condition could be made narrower and yet still be effective.¹⁰ She argues that "the condition[ ] intrude[s] broadly and indiscriminately on the most intimate details of [her] private life her movement, associations, political and religious beliefs, and her personal, romantic, and sexual expression and thought. The condition[ ] chill[s] her ability to have frank and open conversations with partners, friends, family members, and acquaintances." However, due to her counsels failure to object below, as well as the resulting failure to develop an evidentiary record, we can only consider the impact of the challenged electronic search condition on its face; we cannot consider any particularized impact it may have on defendant. In any event, defendants concerns are overblown, given that a probation search "must be reasonably related to the purposes of probation" ( People v. Robles (2000) 23 Cal.4th 789, 797, 97 Cal.Rptr.2d 914, 3 P.3d 311 ) and not harassing, arbitrary, or capricious. ( People v. Bravo (1987) 43 Cal.3d 600, 610, 238 Cal.Rptr. 282, 738 P.2d 336.)

In re P.O. , supra , 246 Cal.App.4th at pp. 297-298, 200 Cal.Rptr.3d 841 and In re Malik J . (2015) 240 Cal.App.4th 896, 901-904, 193 Cal.Rptr.3d 370 held that, at least in most cases, an electronic search condition is overbroad. These cases are distinguishable, however, because they involved juveniles. Unlike an adult, "a minor cannot be made subject to an automatic search condition; instead, such condition must be tailored to fit the circumstances of the case and the minor. [Citations.]" ( People v. Rios (2011) 193 Cal.App.4th 584, 597, 122 Cal.Rptr.3d 96.)

In addition, People v. Appleton (2016) 245 Cal.App.4th 717, 199 Cal.Rptr.3d 637 held an electronic search condition overbroad in the case of an adult. ( Id . at pp. 724-727, 199 Cal.Rptr.3d 637.) However, we respectfully disagree with the reasoning in Appleton .