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


The following excerpt is from People v. J.G. (In re J.G.), 245 Cal.Rptr.3d 587, 33 Cal.App.5th 1084 (Cal. App. 2019):

conditionsstrike at the core of the holdings in In re J.B. and Lent . "[I]t is no exaggeration to say that many of the [vast numbers of American juveniles] who own a cell phone keep on their person a digital record of nearly every aspect of their livesfrom the mundane to the intimate." ( Riley v. California (2014) 573 U.S. 373, 395, 134 S.Ct. 2473, 189 L.Ed.2d 430.) It is therefore difficult to fathom any case in which an electronic search probation condition would not pass the test used by the majority here. That result would eviscerate the holdings of In re J.B. and Lent and render them meaningless.

Notes:

1 All statutory references are to the Penal Code unless otherwise stated.

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