What is the effect of a probation order requiring a probation officer to search a defendant's electronic devices?

California, United States of America


The following excerpt is from People v. Davis, C084393 (Cal. App. 2019):

It is true that the state undoubtedly has a legitimate and significant interest in ensuring that defendant is rehabilitated upon his release on probation (People v. Bauer, supra, 211 Cal.App.3d at p. 942), and the electronics search condition can be understood to serve that purpose by helping to ensure defendant does not violate other conditions of his probation. However, it also permits unlimited intrusion into his private affairs, and does so on a record that demonstrates little likelihood, or even possibility, that evidence

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