California, United States of America
The following excerpt is from People v. Finley, H043668 (Cal. App. 2017):
Defendant argues that the electronic search condition imposed in this case is unreasonable because it is not related to his offense, prohibits conduct that is not itself criminal, and does not relate to future criminality. (People v. Lent (1975) 15 Cal.3d 481, 486 (Lent).) In addition, defendant asserts that the condition is unconstitutionally overbroad.
"In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety . . . ." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) This broad discretion, however, "is not without limits." (Id. at p. 1121.) A condition of probation is generally "invalid [if] it '(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal,
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