P. v. Smith CA4/1
The court found Harvie Smith guilty of fraudulent appropriation by an employee (Pen. Code, § 508; count 1). The court stayed Smith's sentence pending successful completion of probation. On appeal, Smith contends the following probation conditions are unconstitutional: defendant shall obtain probation officer's (P.O.) consent before leaving San Diego County (condition 6l); defendant shall obtain P.O. approval as to residence (condition 10g); and defendant shall submit computers and recordable media to search at any time with or without a warrant, and with or without reasonable cause, when required by P.O. or law enforcement officer (condition 6n). The attachment to condition 6n specifies "computers and electronic and wireless communication devices . . . including any form of written communication (email, text message, twitter, or similar), web browser history, or photographs" are subject to search. We conclude Smith forfeited his right to challenge the conditions
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