In re D.H.

People v. D.H.

Good Law
2016 Cal. App. LEXIS 915·208 Cal. Rptr. 3d 738·4 Cal. App. 5th 722
Court of Appeal of CaliforniaOctober 26, 2016A147361California2,970 words

Opinion

Opinion

Humes, J.

D.H. appeals from a juvenile court order declaring him a ward of the court and placing him on probation after he admitted to a misdemeanor count of indecent exposure. Raising mostly constitutional claims of vagueness and overbreadth, he challenges four probation conditions that require him (1) not to access pornography (the no-pornography condition); (2) to submit to warrantless searches of his electronic devices and provide passwords (the electronics search condition); (3) to attend school regularly (the attendance condition); and (4) not to leave home without a parent or the probation officer’s permission (the stay-home condition). We conclude in the published part of our opinion that the no-pornography condition is vague, and we remand for the juvenile court to modify it in the first instance. We also affirm the attendance condition. In the nonpublished section of our opinion, we conclude that the electronics search condition is overbroad and remand for the court to modify it in the first instance. We also remand for the court to clarify whether, in light of ambiguity in the record, it intended to impose the stay-home condition.

I.

Factual and Procedural…

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