People v. Kent CA4/3

FACTS AND PROCEDURAL BACKGROUND

On July 19, 2013, the probation department filed a petition alleging Kent violated his probation. According to the petition, Kent was required as condition of his

probation to submit his person and property to search and seizure at any time of the day or night by probation officers or law enforcement personnel. He was also required to “not subscribe to or have access to any form of on-line internet service, without written

permission of the probation officer.” According to the petition, on July 17, 2013, Kent failed to provide the passcode to an Apple iPod device found in his bedroom upon demand of the probation officer. A search of the iPod revealed Kent “had multiple automatic Wi-Fi wireless network connections for internet access in the vicinity of his residence” and “[t]he device also showed [Kent] had recent correspondence with use of multiple email accounts and accessed Craiglist’s personal posting.” Under the heading “Circumstances of the Violation,” the petition recounted that during the search of Kent’s bedroom, an iPod was found and Kent “was directed to provide the pass code to the iPod device; however, he

claimed he did not know it…