California v. Moore
Annotate this CaseA jury found Jimmy Moore guilty of one count of possession of a controlled substance and two counts of vandalism, and found true an allegation that he caused damage of more than $400. The superior court sentenced him to three years of formal probation. Among other conditions of Moore's probation, the court required him to submit to warrantless searches of his person, vehicle, residence, property, personal effects, computers and recordable media, and to obtain his probation officer's approval as to his residence and employment. On appeal, Moore argued the trial court erred by refusing to instruct the jury regarding voluntary intoxication as a defense to the vandalism charges, and that the electronic search and residence and employment approval conditions are unconstitutionally overbroad. The Court of Appeal concluded the trial court correctly determined voluntary intoxication was not a defense to vandalism. Furthermore, Moore forfeited his arguments regarding the conditions of his probation.
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