What is the scope of an electronic search condition in a probation application?

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)

Page 6

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 probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search? (California, United States of America)
Does a probation search pursuant to the probation search clause exceed the scope of the search? (California, United States of America)
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device? (California, United States of America)
What is the test for a probation search under probation search conditions? (California, United States of America)
What is the test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
What is the scope of a probation condition requiring consent to search electronic devices? (California, United States of America)
What is the test for a probation officer to search a person on probation under a probation search? (California, United States of America)
Is a defendant's electronic search condition on probation unreasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.