Is a defendant's failure to raise any objection to the conditions of his probation under which he would be subject to an electronic search?

California, United States of America


The following excerpt is from People v. Downey, B291436 (Cal. App. 2020):

However, "[a]s a rule, failure to object to a probation condition in the trial court on standard state law or reasonableness grounds forfeits the claim for appeal." (Moran, supra, 1 Cal.5th at p. 404, fn. 7; People v. Welch (1993) 5 Cal.4th 228, 237 [failure to timely challenge probation condition on Lent grounds in trial court forfeits claim on appeal].) Appellant's failure to raise any objection to the conditions of his probation forfeits his challenge to the electronics search condition here.

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