Can a probation officer obtain access to a defendant's social media accounts without the consent of his probation officer?

California, United States of America


The following excerpt is from People v. Appleton, 199 Cal.Rptr.3d 637, 245 Cal.App.4th 717 (Cal. App. 2016):

In People v. Ebertowski (2014) 228 Cal.App.4th 1170, 176 Cal.Rptr.3d 413 (Ebertowski ), this court considered probation conditions requiring a defendant to provide his probation officer with passwords to his electronic devices, along with all passwords to social media websites, for search at any time. The defendant had admitted a gang allegation, and the prosecution produced documents showing he had used social media websites to promote his street gang. This court upheld the probation conditions against an overbreadth challenge on the ground the conditions would allow the probation officer "to implement the search, association, and gang insignia conditions that were designed to monitor and suppress defendant's gang activity." (Id. at p. 1175, 176 Cal.Rptr.3d 413.) And the court held the intrusion on defendant's privacy was outweighed by the state's interest in preventing defendant from continuing his violent gang associations and activities. (Id. at p. 1176, 176 Cal.Rptr.3d 413.)

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