P. v. Roberts CA3
Defendant James Roberts challenges a condition of his probation authorizing the warrantless search of electronic storage devices, including cell phones and computers under his control. He contends the search condition: (1) is invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent); (2) violates the California Electronic Communications Privacy Act (Pen. Code, § 1546 et seq.; hereafter ECPA) and the wiretap statute (§ 631); and (3) is unconstitutional under the Fourth, Fifth, and Fourteenth Amendments. He also argues the condition is unconstitutionally overbroad. We agree with the last contention, but not the others. Because the condition is overbroad, we will strike the electronic search condition and remand the case to the superior court to consider in the first instance whether the condition can be narrowed in a manner that will allow it to pass constitutional muster.
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