Can a probationer's cell phone be searched pursuant to his home search condition?

California, United States of America


The following excerpt is from People v. Castro, D070716 (Cal. App. 2017):

1571, 1575-1580 [upholding search conducted pursuant to probationer's broad home search condition]; People v. Reyes (1998) 19 Cal.4th 743, 746, 754 [upholding search conducted pursuant to parole condition requiring defendant to submit his residence and property under his control to search by law enforcement].) In terms of the degree of intrusion, searching a cell phone for evidence of drug activity is really no different than searching a dresser drawer in the defendant's bedroom or a diary found on the nightstand.

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