What is the test for a reasonable search of a cell phone data pursuant to a probation search condition?
California, United States of America
The following excerpt is from People v. Herrera, A148386 (Cal. App. 2018):
Appellant relies upon United States v. Lara (9th Cir. 2016) 815 F.3d 605, 607, which held unconstitutional a suspicionless search of cell phone data pursuant to a standard probation search condition, finding that the search condition did not
Page 15
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a probation probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search? (California, United States of America)
Does a probation search pursuant to the probation search clause exceed the scope of the search? (California, United States of America)
Is a search of a cell phone pursuant to a probation condition reasonable? (California, United States of America)
What is the test for a probation officer to search a person on probation under a probation search? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
Can a probationer's cell phone be searched pursuant to his home search condition? (California, United States of America)
Does a search of a cell phone during a parole compliance search need to extend to cell phone searches? (California, United States of America)
What is the test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer? (California, United States of America)
