In re Erica R.

People v. Erica R.

Good Law
192 Cal. Rptr. 3d 919·2015 Cal. App. LEXIS 843·240 Cal. App. 4th 907
Court of Appeal of CaliforniaSeptember 28, 2015A143215California2,698 words

Opinion

Opinion

Miller, J.

INTRODUCTION

A juvenile defendant admitted to misdemeanor possession of Ecstasy after a school counselor found a baggie of pills in the juvenile’s purse. As a condition of probation, the juvenile court required defendant to submit to a search of her electronic devices, and to turn over her passwords to her probation officer. We are called on to decide whether this search condition was unreasonable under People v. Lent (1975) 15 Cal.3d 481 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ] (Lent). We conclude that because there was no evidence connecting the juvenile’s electronic device or social media usage to her offense or to a risk of future criminal conduct, it was an unreasonable condition. Accordingly, we will modify the judgment to strike this condition.

FACTUAL AND PROCEDURAL BACKGROUND

Our brief statement of the facts is taken from the Alameda County Probation Department’s dispositional report.

On March 27, 2014, defendant Erica R. attended a meeting with her school counselor. The counselor noted that Erica was fidgety and her pupils were dilated, leading the counselor to believe Erica had taken an illegal drug. Erica eventually left the meeting, but left her purse behind.…

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