Valdivia

*1133 In this domestic abuse case, defendant Jose Alberto Valdivia challenges a condition of his probation authorizing the warrantless search of electronic storage devices, such as cellular phones and computers, under his control. 1 He contends the condition must be stricken because it: (1) "is unreasonable under [ People v. ] Lent [ (1975) 15 Cal.3d 481 , 124 Cal.Rptr. 905 , 541 P.2d 545 ], as it bears no relationship to [his] current offense or potential future criminality"; and (2) "is unconstitutional under the Fourth and Fifth Amendments of the United States Constitution because [his] privacy and privilege against self[-] incrimination far outweigh the State's purported and unproven rehabilitation and societal protection interests." He also contends the condition infringes on the privacy interests of third parties.

We find no merit in defendant's arguments that the electronic storage device search condition is unreasonable under Lent , nor do we find any merit in his argument that the condition is unconstitutional under the Fifth Amendment. Furthermore, we conclude that his attempt to raise the privacy interests of third parties is barred by forfeiture. We do agree with him,…

Regarding electronic search conditions, one size may fit many, but one size does not fit all. Here, the prosecution sought and obtained an overbroad electronic search condition based on a boilerplate presentation to the trial court without regard to the specific circumstances of this case or defendant's history, or any apparent consideration of the privacy interests of the victim or other third parties, or the potential negative impact on defendant's rehabilitation and reformation. One size does not fit all.

I agree with the majority's conclusion that defendant's challenge to the electronic search condition on Fifth Amendment grounds is without merit. And while I disagree with the majority's conclusion that the search condition is justified on the ground that it is reasonably related to preventing future criminality without a nexus, I agree with the majority that the search condition is constitutionally overbroad.

I write separately: (1) to emphasize the difference between the home, vehicles, and a probationer's person on the one hand and modern electronic devices on the other as they relate to general probation search conditions; (2) to express my belief that, because of the…