What is the scope of a probation order requiring a defendant to submit to a search of his electronic devices?

California, United States of America


The following excerpt is from People v. Corona, E067669 (Cal. App. 2018):

search condition is not tailored at all. Rather, the condition requires defendant to "[s]ubmit to search and seizure by a government entity of any electronic device that [he is] an authorized possessor of pursuant to PC1546.1(C)(10)." This condition "permits review of all sorts of private information that is highly unlikely to shed any light on whether [defendant] is complying with the other conditions of his probation, drug-related or otherwise." (P.O., at p. 298, citing People v. Appleton (2016) 245 Cal.App.4th 717, 725 ["[A] search of defendant's mobile electronic devices could potentially expose a large volume of documents or data, much of which may have nothing to do with illegal activity. These could include, for example, medical records, financial records, personal diaries, and intimate correspondence with family and friends."].) Defendant's privacy interests may be infringed, but only to the extent the information searched is reasonably likely to yield evidence of drug sales activity, or other criminal activity and noncompliance with his mandatory supervision conditions. Thus, the electronics search condition must be modified accordingly.

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