Thursday, October 22, 2015

In re RICARDO P.

Ricardo admitted to taking part in two residential burglaries.  He was declared a ward of the court and placed on probation.  One of his probation terms was that he was required to submit to warrantless searches of his "electronics including passwords".   It is a strange condition since a "password" is not an "electronic", but the First District panel generously interprets the term to mean that Ricardo has to provide passwords which may guard access to the data stored on his electronic devices as well as provide passwords that may guard access to data stored, not on Ricardo's electronic device, but stored somewhere else as part of Ricardo's social network accounts.  The juvenile court judge imposed the condition because, in his experience, people often use electronic devices and social network accounts to brag about, and post photographs of, their drug use. 

While the Court of Appeal finds the electronic search term is related to future criminality, the panel strikes it down as overbroad because it infringes on Ricardo's Constitutional rights to privacy and expression and is not narrowly tailored. 

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