In re Malik J.Annotate this Case
Malik, age 17, and others assaulted and robbed three women near the BART station. Malik had admitted a robbery in 2012, and was on probation with a condition that he submit to search without a warrant. The Alameda County District Attorney filed a notice of probation violation alleging that Malik committed three robberies and possessed eight baggies of marijuana. Malik admitted the violations. The court ordered him detained and continued previously ordered terms of probation. Over a defense objection, the court added: “you’re to—and the family—is to provide all passwords to any electronic devices including cell phones, computers and notepads within your custody and control, and submit to search of devices at any time .... And also provide any passwords to any social media sites, including [F]acebook, Instagram, ... with or without a warrant.” The signed order omitted references to Malik’s family and social media sites. The court of appeal modified the condition to omit reference to family and passwords to social media sites, and to authorize warrantless searches of electronic devices in Malik’s custody and control only after the device has been disabled from internet or cellular connection and without utilizing equipment designed to retrieve deleted information that is not readily accessible to users of the device.