California, United States of America
The following excerpt is from People v. Underwood, C082722 (Cal. App. 2017):
Here, defendant does not raise a facial challenge to the electronic search condition that presents a pure question of law which may be determined based on abstract or general legal principles. Instead, defendant contends the condition is unconstitutional because it is not narrowly tailored to its purpose, and invites us to remand the matter so the trial court can undertake a fact-driven inquiry regarding the scope of the condition based upon the specifics of his offense, amounting to an argument that "the probation condition is, as applied to him, unconstitutional." (People v. Kendrick (2014)
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