People v. Maldonado
Annotate this CaseAfter a probation search of Defendant’s car and home, Defendant was charged with possessing methamphetamine for sale and pleaded no contest. Among other probation conditions, the court required that defendant consent to any search of “electronic devices, including but not limited to cellular telephones, computers or notepads in your possession or under your control to a search [sic] of any text messages, voicemail messages, call logs, photographs, email accounts, social media accounts, including but not limited to Facebook, Instagram, Twitter, Snapchat, or any other site which the probation officer informs you of or applications pertaining to these accounts at any time with or without a warrant” and “[Defendant] shall … provide all passwords necessary to access or search such electronic devices.” The court of appeal upheld the conditions, rejecting arguments that the conditions are overbroad and had no nexus to the crime. The conditions allow a search of electronic devices only for specific categories of information and require Defendant to provide only the passwords necessary to search for those categories of information, to facilitate supervision and ensure that defendant does not attempt to sell drugs using any electronic device. By specifying the types of information to which probation officers have access, the conditions are reasonably specific and constitute “fair warning.”
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