P. v. Bahou CA4/1
A jury convicted Simone Bahou of evading a police officer with reckless driving (Veh. Code, § 2800.2, subd. (a)), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), and resisting a peace officer (Pen. Code, § 148, subd. (a)(1)). The trial court suspended imposition of sentence for five years and granted formal probation. The court ordered Bahou to serve 365 days in custody with credit for 161 days, and allowed Bahou to serve the balance of this term in a residential program for alcohol and drug treatment. As a condition of probation, Bahou agreed to submit to warrantless searches of his computers and recordable media. On appeal, Bahou contends this probation condition is unconstitutionally overbroad and violates his Fourth Amendment rights. We conclude the challenged probation condition is not facially unconstitutional and Bahou has forfeited any as-applied challenge. We therefore affirm.
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