P. v. Harris CA1/1
After defendant Steve Harris attempted to swallow a bag of heroin to evade a probation search of his companion’s vehicle, a jury convicted him of one count of possessing heroin and one count of resisting, delaying, or obstructing a peace officer. On appeal, he contends that the trial court erred by: (1) denying his request for a pinpoint jury instruction on prolonged detentions as to the latter count; (2) imposing a probation condition requiring him to submit to searches of his electronic devices (electronics search condition); and (3) imposing penalty assessments on a $50 criminal laboratory analysis fee (crime-lab fee) he was charged. We reject Harris’s claim of instructional error, but we agree that the probation condition is unconstitutionally overbroad and that penalty assessments should not have been imposed on the crime-lab fee. We therefore strike the challenged condition and penalty assessments and otherwise affirm.
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