A juvenile ward of the court admitted he committed second-degree burglary and was placed on probation. On appeal, he challenged an electronic search condition requiring him to “submit…any electronics and passwords under [his] control to search by Probation Officer or peace officer with or without a search warrant.” The Court of Appeal found the condition overbroad, ordering that it be modified to state: “Submit all electronic devices under your control to a search of any text messages, voicemail messages, call logs, photographs, e-mail accounts and social media accounts, with or without a search warrant, at any time of the day or night, and provide the probation officer or peace officer with any passwords necessary to access the information specified.” (In re Patrick F. (Cal. App. First Dist., Div. 5; November 12, 2015) 242 Cal.App.4th 104.)Condition Of Probation For Juvenile Overbroad.
A juvenile ward of the court admitted he committed second-degree burglary and was placed on probation. On appeal, he challenged an electronic search condition requiring him to “submit…any electronics and passwords under [his] control to search by Probation Officer or peace officer with or without a search warrant.” The Court of Appeal found the condition overbroad, ordering that it be modified to state: “Submit all electronic devices under your control to a search of any text messages, voicemail messages, call logs, photographs, e-mail accounts and social media accounts, with or without a search warrant, at any time of the day or night, and provide the probation officer or peace officer with any passwords necessary to access the information specified.” (In re Patrick F. (Cal. App. First Dist., Div. 5; November 12, 2015) 242 Cal.App.4th 104.)