Salcido

*868 Can the State subject a probationer whose crime did not involve computers or the internet to warrantless, suspicionless searches of her cell phone and other electronic storage devices? Because United States Supreme Court precedent suggests that the Fourth Amendment requires reasonable suspicion for such searches, I dissent from Section IV of today's opinion. I join the other sections.

I.

The majority recognizes that "[t]here is no evidence that defendant's crimes involved computers or the internet." (Maj. opn., ante , at p. 26.) Nevertheless, the majority permits probation condition 39, which authorizes warrantless, suspicionless searches for digital information on defendant's cell phone or other electronic storage devices whenever requested by a probation officer or law enforcement. (Maj. opn. ante , at pp. 24-36.)

In general, "[a] probation condition that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad." ( In re Sheena K. (2007) 40 Cal.4th 875 , 890, 55 Cal.Rptr.3d 716 , 153 P.3d 282 ; see People v. Garcia (1993) 19 Cal.App.4th 97 ,…

RAMIREZ P. J.

*854 *1098 Defendant Sara Salcido was in the business of providing immigration services - typically, obtaining visas for her clients that would allow them to stay in the United States legally. Under the Immigration Consultant Act ( Bus. & Prof. Code, §§ 22440 - 22449 ) (Act), with certain exceptions, it is illegal for a person to act as an "immigration consultant" (as defined in the Act) unless he or she has complied with a host of consumer protection requirements, such as passing a background check and filing a bond. Defendant failed to comply with these.

As a result, in a bench trial, defendant was convicted on one count of unlawfully engaging in the business of an immigration consultant, a misdemeanor. ( Bus. & Prof. Code, §§ 22440, 22441.) The People argued, however, that each time defendant took money from a client in exchange for providing immigration services, she was committing theft by false pretenses, because she was not a legally qualified immigration consultant under state law. The trial court agreed; thus, it also convicted her on six counts of grand theft ( Pen. Code, §§ 484, 487, subd. (a) ) and two counts of petty theft ( Pen. Code, §§ 484, 488 ).…