How have the courts treated the argument in the context of an electronic search in a criminal case?

California, United States of America


The following excerpt is from People v. Lyons, D070976 (Cal. App. 2017):

Lyons forfeited this argument by failing to raise it in the trial court. (People v. Welch (1993) 5 Cal.4th 228, 234-235 (Welch).) Although defense counsel corrected the record during the sentencing hearing to note that there was no evidence in the probation report that Lyons had alcohol issues, counsel made this comment solely in response to the court's explanation for its ruling on the electronics-search condition. The court agreed with defense counsel's correction, but adhered to its ruling on the electronics-search condition based on "the other reasons stated."

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