People v. Bryant
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Defendant appealed his mandatory supervision imposed after he was convicted of possessing a concealed, loaded, unregistered firearm in a vehicle. Defendant challenged, under People v. Lent (1975) 15 Cal.3d 481, 486, the trial court's requirement that, during the period of mandatory supervision, defendant must submit to searches of text messages, emails, and photographs on any cellular phone or other electronic device in his possession or residence. The Court of Appeal held that defendant's condition was invalid under Lent and struck the condition.
On remand from the Supreme Court, the court again held that the search condition was invalid under Lent. The court held that the Supreme Court's reasoning and holding in In re Ricardo P. (2019) 7 Cal.5th 1113, was consistent with the conclusion the court reached in its prior decision and supported the same conclusion now. In this case, there was a significant burden imposed on defendant's privacy interest and an absence of any information in the record to connect the condition with the goal of preventing future criminality. The court explained that the Attorney General offered no contrary authority, and that Lent applies to terms and conditions of mandatory supervision.
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