People v. Alejandro R. (In re Alejandro R.)

196 Cal. Rptr. 3d 651, 243 Cal. App. 4th 556
CourtCalifornia Court of Appeal, 1st District
DecidedDecember 30, 2015
DocketA144398
StatusPublished
Cited by25 cases

This text of 196 Cal. Rptr. 3d 651 (People v. Alejandro R. (In re Alejandro R.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 1st District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Alejandro R. (In re Alejandro R.), 196 Cal. Rptr. 3d 651, 243 Cal. App. 4th 556 (Cal. Ct. App. 2015).

Opinion

Margulies, J.

*560Appellant Alejandro R., a minor, admitted to being an accessory to illegal drug sales and was found to be a ward of the court. In addition to typical conditions of probation, the juvenile court imposed a condition requiring appellant to submit to the warrantless search of his electronic devices and his use of social media. Appellant challenges the condition as substantively invalid and unconstitutionally overbroad. We conclude, following our recent decision in In re Ricardo P. (2015) 241 Cal.App.4th 676, 193 Cal.Rptr.3d 883 (Ricardo P. ), that the condition, while valid under People v. Lent (1975) 15 Cal.3d 481, 124 Cal.Rptr. 905, 541 P.2d 545 (Lent ), superseded on other grounds as stated in People v. Wheeler (1992) 4 Cal.4th 284, 290-292, 14 Cal.Rptr.2d 418, 841 P.2d 938, is overbroad as imposed by the juvenile court. We affirm the juvenile's court order with appropriate modification of the electronics search condition.

I. BACKGROUND

Appellant, the subject of a juvenile wardship petition under Welfare and Institutions Code section 602, subdivision (a), admitted a misdemeanor charge of being an accessory after the fact to the transportation and distribution of marijuana, a violation of Health and Safety Code section 11360, subdivision (a). The police report from appellant's arrest stated he approached undercover officers outside a concert venue and "said something similar to, 'yo $10 bucks for a blunt.' " When an officer expressed interest, appellant directed him to another person seated nearby, from whom the officer purchased two marijuana cigarettes. At the time of his detention, appellant was in possession of 0.4 grams of presumed cocaine and two pills of presumed methamphetamine.

At the dispositional hearing, the juvenile court found appellant to be a ward of the court, but allowed him to remain at home. In addition to typical conditions of juvenile probation, the court imposed the following two conditions, which appellant challenges in this appeal: appellant must (1) "submit to a search of your ... electronics day or night and passwords day or night at the request of a Probation Officer or peace officer" and (2) "attend school on *561a regular basis."1 When appellant's counsel objected *655generally to the electronics search condition, the court explained, addressing appellant, "As in this case with drugs, I find it's very important [and] the best way of supervising individuals like yourself [who] have drug cases, that we check your electronics, because that's where you buy and sell and very often boast with photos about your drug usage and drug paraphernalia."

II. DISCUSSION

We summarized the law applicable to juvenile probation conditions in In re D.G. (2010) 187 Cal.App.4th 47, 113 Cal.Rptr.3d 639 (D.G. ): "Under Welfare and Institutions Code section 730, subdivision (b), the juvenile court, in placing a ward on probation, 'may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.' " (See In re Sheena K. (2007) 40 Cal.4th 875, 889, 55 Cal.Rptr.3d 716, 153 P.3d 282.) Consistent with this mandate, the juvenile court is recognized as having " 'broad discretion in formulating conditions of probation' " (In re Tyrell J. (1994) 8 Cal.4th 68, 81, 32 Cal.Rptr.2d 33, 876 P.2d 519 (Tyrell J. ), disapproved on other grounds in In re Jaime P. (2006) 40 Cal.4th 128, 139, 51 Cal.Rptr.3d 430, 146 P.3d 965 ), and the juvenile court's imposition of any particular probation condition is reviewed for abuse of discretion. (In re Walter P. (2009) 170 Cal.App.4th 95, 100, 87 Cal.Rptr.3d 668.)

"While adult criminal courts are also said to have 'broad discretion' in formulating conditions of probation (People v. Carbajal (1995) 10 Cal.4th 1114, 1120, 43 Cal.Rptr.2d 681, 899 P.2d 67 ), the legal standards governing the two types of conditions are not identical.

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Cite This Page — Counsel Stack

Bluebook (online)
196 Cal. Rptr. 3d 651, 243 Cal. App. 4th 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alejandro-r-in-re-alejandro-r-calctapp1d-2015.