What is the scope of a probation condition requiring consent to search electronic devices?

California, United States of America


The following excerpt is from People v. V.L. (In re V.L.), A157269 (Cal. App. 2020):

These are precisely the issues that must be addressed on remand, and there may be others, to assess the feasibility of a condition narrower than an outright ban on the possession and use of a smart phone. (See People v. Appelton (2016) 245 Cal.App.4th 717, 725-728 [holding probation condition requiring consent to search electronic devices was unconstitutionally overbroad and remanding "because the trial court may be able to impose a valid condition more narrowly tailored to the states' interest," and nothing in the record showed how and if a more limited search could be done].)

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