In re Q.R.
Annotate this CaseMinor recorded photographs and videos on his cellular phone of consensual sexual activity between himself and Jane Doe, both under 18 years old. He later extorted money from Doe by threatening to disclose the recordings to other students at their high school. He was placed on juvenile probation after admitting to felony possession of child pornography (Pen. Code 311.11(a)) and extortion (Pen. Code 518, 520). Minor argued that a probation condition requiring him to submit all electronic devices under his control to warrantless searches by the probation department and to provide passwords necessary to access information on those devices was unconstitutionally overbroad. The California Supreme Court granted review and transferred the matter to the court of appeal for reconsideration in light of its 2019 decision, In re Ricardo P. The court of appeal again upheld the condition, noting the direct relationship between minor’s offenses and his use of an electronic device. The search condition was appropriately tailored.
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