P. v. Gruwell CA3
Defendant Samantha Dee Gruwell pled no contest to unlawfully discharging a .22-caliber rifle in a grossly negligent manner. She was granted probation. On appeal, she challenges the condition of probation authorizing the warrantless search of “any data storage device, including cellular telephones and computers,” and requiring her to provide any passwords or unlock codes to allow for their inspection (special condition 65). Specifically, she argues that special condition 65 violates People v. Lent (1975) 15 Cal.3d 481, and is constitutionally overbroad in violation of her Fourth Amendment rights. She further contends the condition requiring her to maintain a residence as approved by the probation officer (general condition 4) and the condition requiring her to obtain written permission from her probation officer before leaving the state (general condition 6) are both overbroad in violation of her constitutional right to travel.
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