People v. Alejandro R. (In re Alejandro R.)

Good Law
196 Cal. Rptr. 3d 651·243 Cal. App. 4th 556
Court of Appeal of CaliforniaDecember 30, 2015A144398California4,842 words

Opinion

Lead Opinion

Margulies, J.

*560 Appellant Alejandro R., a minor, admitted to being an accessory to illegal drug sales and was found to be a ward of the court. In addition to typical conditions of probation, the juvenile court imposed a condition requiring appellant to submit to the warrantless search of his electronic devices and his use of social media. Appellant challenges the condition as substantively invalid and unconstitutionally overbroad. We conclude, following our recent decision in In re Ricardo P. (2015) 241 Cal.App.4th 676 , 193 Cal.Rptr.3d 883 ( Ricardo P. ), that the condition, while valid under People v. Lent (1975) 15 Cal.3d 481 , 124 Cal.Rptr. 905 , 541 P.2d 545 ( Lent ), superseded on other grounds as stated in People v. Wheeler (1992) 4 Cal.4th 284 , 290-292, 14 Cal.Rptr.2d 418 , 841 P.2d 938 , is overbroad as imposed by the juvenile court. We affirm the juvenile's court order with appropriate modification of the electronics search condition.

I. BACKGROUND

Appellant, the subject of a juvenile wardship petition under Welfare and Institutions Code section 602, subdivision (a), admitted a misdemeanor charge of being an accessory after the fact to the transportation and distribution of…

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