In re J.E.

People v. J.E.

Good Law
1 Cal. App. 5th 795·2016 Cal. App. LEXIS 602·205 Cal. Rptr. 3d 28
Court of Appeal of CaliforniaJuly 20, 2016A145399California5,005 words

Opinion

Opinion

Rivera, J.

J.E. (Minor) appeals from a post-dispositional order denying his motion to remove an electronic search probation condition imposed upon his plea to misdemeanor second degree burglary (Pen. Code, § 459). Minor contends the probation condition requiring him to submit his electronic devices to search upon the request of a probation officer or peace officer is invalid under People v. Lent (1975) 15 Cal.3d 481 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ] (Lent). He also contends the condition is unconstitutionally overbroad and that it risks violating California’s Invasion of Privacy Act (§ 632). We affirm.

I. FACTUAL BACKGROUND

The underlying factual basis for the plea stemmed from Minor’s involvement in a burglary with two of his friends. They entered an Oakland home through a back window and rear door and took a watch, a camera, and loose change from a large jar. A neighbor reported the burglary, and Minor and his friends were apprehended a few blocks away. Upon his arrest, the police found approximately $50 in loose change in Minor’s backpack.

The dispositional hearing was held on March 19, 2015. The dispositional report noted that Minor had a “difficult” relationship with his…

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