In re Malik J.

People v. Malik J.

Good Law
193 Cal. Rptr. 3d 370·2015 Cal. App. LEXIS 849·240 Cal. App. 4th 896
Court of Appeal of CaliforniaSeptember 29, 2015A143355California3,211 words

Opinion

Opinion

Siggins, J.

Malik J., a minor, appeals from a dispositional order issued pursuant to Welfare and Institutions Code section 602 after he admitted an allegation that he violated the terms of his probation. He contends the court unconstitutionally imposed a condition of probation that requires him and his family to permit searches of and disclose all passwords to their electronic devices and social media sites. We agree the condition is overbroad and order it to be modified to conform to constitutional requirements.

BACKGROUND

On the night of September 21, 2014, 17-year-old Malik and one or two companions physically assaulted and robbed three different women near the MacArthur Street BART (Bay Area Rapid Transit) station. Malik had previously been adjudged a ward of the court after admitting a robbery in 2012, and was on probation in the custody of an aunt. Among the conditions of probation imposed for the 2012 adjudication was that Malik “submit person and any vehicle, room or property under your control to search by Probation Officer or peace office[r] with or without a search warrant at any time of day or night.”

The Alameda County District Attorney filed a notice of probation…

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