People v. Salvador
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Salvador, charged with sexual penetration of a person under the age of 16 by a person over 21, lewd or lascivious act on a child aged 14 or 15, felony false imprisonment, sexual battery, and annoying or molesting a child, pleaded no contest to felony false imprisonment and misdemeanor sexual battery. The trial court granted a three-year term of probation and imposed, among others, conditions requiring Salvador to consent to searches of his electronic devices, and restricting his use of social media and the Internet. Salvador challenged the probation conditions.
The court of appeal struck the restriction on Salvador’s use of the Internet as unconstitutionally overbroad but upheld the remaining conditions. There is nothing in the record to support a restriction on Internet access more generally, as compared with the restriction limited to social media. The search and monitoring conditions are tailored with sufficient specificity to avoid unconstitutionally intruding on Salvador’s Fourth Amendment right. Because Salvador used social media to text the victims, the nexus to that condition, while attenuated, is sufficiently established such that imposition of the condition is not an abuse of discretion under California precedent. Any burden on Salvador’s use of social media is reasonably tempered by his ability to obtain prior approval; the use of social media is not so necessary to the activities of daily living that this requirement would unduly burden Salvador’s rights.
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