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


The following excerpt is from People v. Hector V. (In re Hector V.), F076985 (Cal. App. 2020):

Regardless, Hector's challenge to the electronic search condition lacks merit. Generally, we review the imposition of any condition of probation for an abuse of discretion. (People v. Snow (2012) 205 Cal.App.4th 932, 940.) Reversal is required only if the juvenile court's ruling is arbitrary or capricious or exceeds the bounds of reason. (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.) Constitutional challenges to probation conditions, however, are reviewed de novo. (In re Malik J. (2015) 240 Cal.App.4th 896, 901.)

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