What is the effect of a probation order requiring a probation officer to search a defendant's social media accounts?
California, United States of America
The following excerpt is from People v. F.M. (In re F.M.), A147510 (Cal. App. 2016):
A contested dispositional hearing began in January 2016. Probation proposed a condition requiring appellant to submit to a search of any electronic devices in his possession or control and disclose passwords for such devices as well as his social media accounts. Appellant objected to the proposed condition as invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent) and overbroad.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
Can a probation officer obtain access to a defendant's social media accounts without the consent of his probation officer? (California, United States of America)
What is the effect of a probation order requiring a probation officer to search a defendant's electronic devices? (California, United States of America)
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)
When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)
In what circumstances will the probation department be able to obtain access to a defendant's social media accounts without a search warrant? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
Does a probation condition requiring a defendant to provide the passwords to their social media accounts constitute an invasion of privacy? (California, United States of America)
What is the effect of a probation condition that requires a defendant to follow any reasonable instruction given by her supervising probation officer? (California, United States of America)
What is the effect of Section 6 of a California Probation Order requiring a defendant to submit his personal information and electronic devices to a search warrant? (California, United States of America)
