Can a search warrant be used to search a defendant's social media account for allegedly making criminal threats against a police officer?

California, United States of America


The following excerpt is from People v. Erica R. (In re Erica R.), 192 Cal.Rptr.3d 919, 240 Cal.App.4th 907 (Cal. App. 2015):

Our holding is narrow. Of course, there can be cases where, based on a defendant's history and circumstances, an electronic search condition bears a reasonable connection to the risk of future criminality. For example, in People v. Ebertowski (2014) 228 Cal.App.4th 1170, 176 Cal.Rptr.3d 413, a defendant was convicted of making criminal threats to a police officer. The threats included references to his status as a gang member, and at sentencing the prosecution introduced copies of posts defendant made on his social

[240 Cal.App.4th 915]

media account

[192 Cal.Rptr.3d 925]

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