Ebertowski

Defendant Robert Edward Ebertowski was granted probation after he pleaded no contest to criminal threats (Pen. Code, § 422) and resisting or deterring an officer (§ 69) and admitted a gang allegation (§ 186.22, subd. (b)(1)(B)). He challenges on reasonableness and overbreadth grounds two of the probation conditions imposed by the trial court. These probation conditions required him to (1) “provide all passwords to any electronic devices, including cell phones, computers or notepads, within your custody or control, and submit such devices to search at any time without a warrant by any peace officer” and (2) “provide all passwords to any social media sites, including Facebook, Instagram and Mocospace and to submit those sites to search at any time without a warrant by any peace officer.” We conclude that these conditions are not unconstitutionally overbroad or unreasonable and that the trial court did not abuse its discretion in imposing them.

I. Background

The police made contact with defendant while investigating a brandishing offense. Defendant was highly intoxicated, provided a false name and birth date to the officer, and actively physically resisted the officer. The…