People v. Ebertowski
228 Cal. App. 4th 1170
| Cal. Ct. App. | 2014Background
- Ebertowski pleaded no contest to criminal threats and resisting an officer, admitted a gang allegation, and challenged two probation conditions on reasonableness and overbreadth.
- Police contact occurred during a brandishing investigation; Ebertowski was intoxicated, gave a false name, resisted officers, threatened officers and family, identified as Seven Trees Norteno member, and vandalized during booking.
- Probation department recommended various conditions, including search of property, no gang insignia, and no association with gang members; defendant did not challenge these.
- Prosecutor sought two additional conditions requiring passwords to electronic devices and social media for warrantless searches to effectuate the existing search condition, citing prior social media use to promote the gang.
- The trial court adopted the probation recommendations plus the two password conditions after defendant’s agreement; MySpace documents were discussed in chambers and relied on by the prosecutor; defense did not timely object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Password conditions are overbroad. | People argues password conditions closely tailored to monitor gang activity. | Ebertowski argues passwords invade privacy and exceed necessary scope. | Not overbroad; narrowly tailored to monitor gang-related behavior. |
| Reliance on MySpace documents without formal introduction invalid. | People contends lack of objection does not undermine reliance given prior review. | Ebertowski argues improper use since not formally admitted into evidence. | No reversible error; lack of timely objection precludes appeal on this point. |
| Password conditions are reasonable probation conditions. | People contends directly related to preventing future criminality and monitoring gang activity. | Ebertowski contends excessive restriction not reasonably related to future criminality. | Password conditions reasonable in light of gang-related offenses and need to monitor activity. |
Key Cases Cited
- People v. Olguin, 45 Cal.4th 375 (Cal. 2008) (probation conditions must closely tailor restrictions to purpose)
- In re Sheena K., 40 Cal.4th 875 (Cal. 2007) (privacy rights and tailoring of probation conditions)
- In re Englebrecht, 67 Cal.App.4th 486 (Cal. App. 1998) (overbreadth and tailoring of probation conditions)
- In re Christopher M., 127 Cal.App.4th 684 (Cal. App. 2005) (privacy interests and justification for invasions in probation context)
- People v. Lent, 15 Cal.3d 481 (Cal. 1975) (tests for evaluating probation condition reasonableness)