Wednesday, November 25, 2015

In re J.B. : Probation Condition Requiring Minor to Allow Warrantless Searches of His Cellphone Found Unreasonable

Young J.B. went into a Sears department store and tried to steal a shirt.  For this, he is made a ward of the court and placed on probation.  The judge orders, as a term of probation, that J.B. submit to a search of his "electronics including passwords" (I assume the judge meant J.B. had to disclose his passwords).  J.B. objected to this term because there was no evidence to support the theory that J.B.'s electronics were related to future criminality.

A panel from the First District agrees.  J.B. can keep the digital portion of his life private.

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