People v. Hebert CA4/1

DISCUSSION

I

THE ELECTRONIC SEARCH CONDITION

A. Hebert’s Contentions Hebert contends the trial court erred when it imposed, as a condition of probation, a requirement that he consent to warrantless searches of his computer and recordable media devices. He asserts this electronic search condition is unconstitutionally overbroad and that the condition is

People v. Harvey (1979) 25 Cal.3d 754.

In San Diego Superior Court case No. SCN420681, Hebert pled guilty to unlawful taking and driving of a vehicle (Veh. Code, § 10851, subd. (a)). In San Diego Superior Court case No. SCS312647, he pled guilty to assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). 3 unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent). The People counter that Hebert forfeited his overbreadth challenge to the condition because he did not object below. In addition, the People argue the electronic search condition satisfies the requirements of Lent because it is reasonably related to both Hebert’s underlying criminal conduct and the prevention of future criminal conduct. The People have the better arguments. B. Background Before the grant of probation in…