People v. Chavez CA6

I. BACKGROUND

On March 2, 2021, by agreement with the Santa Clara County District Attorney’s Office, Chavez pleaded no contest to a newly amended complaint charging him with a single count of unlawful possession of a firearm by a felon (§ 29800, subd. (a)).2 The probation department prepared an abbreviated report that contained the following supplemental information: “A search of defendant’s Snapchat account revealed he was advertising various firearms, large[-]capacity magazines, and ammunition for sale on the multimedia messaging software application.” Accordingly, the probation department recommended that any grant of probation be subject to the following conditions: Condition 6: “The defendant shall[,] as a condition of probation or mandatory supervision, give specific consent as that term is defined in Penal Code Section 1546 to any Peace Officer or any law enforcement agency to seize and search all electronic devices (including but not limited to cellular telephones, computers or notepads) in his/her possession or under his/her control to a search of any text messages, voicemail messages, call logs, photographs, e-mail accounts, social media accounts (including but not…