People v. Erica R.
240 Cal. App. 4th 907
| Cal. Ct. App. | 2015Background
- Juvenile Erica R. admitted to misdemeanor possession of ecstasy after a school counselor found 30–45 orange pills in her purse; one pill tested positive for amphetamine.
- The juvenile court placed Erica on probation and included a condition requiring submission of electronics for search and disclosure of passwords to her probation officer.
- Defense objected that Erica had no history of using social media or electronic devices in connection with drugs and that she did not even have a cell phone.
- The court justified the condition based on a generalized belief juveniles involved with drugs often post about drug use on social media.
- Erica completed probation and the appeal was technically moot, but the court exercised discretion to decide the merits because the issue was recurring in the juvenile court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a probation condition requiring search of electronics and disclosure of passwords is valid under the Lent test | Electronics can be instrumentalities of crime and random searches deter crime; Ramos supports broad search conditions | No factual nexus between Erica’s offense and electronics or social media use; condition is overbroad and not tailored to her circumstances | Condition invalid under Lent: no relationship to the offense, bars conduct not itself criminal without evidence, and not reasonably related to future criminality; condition stricken |
Key Cases Cited
- In re Lent, 15 Cal.3d 481 (establishes three-part test for validity of probation conditions)
- Riley v. California, 134 S. Ct. 2473 (cell phones contain extensive private data and implicate privacy interests)
- People v. Ramos, 34 Cal.4th 494 (upheld broad search condition for adult probationer; discussed deterrence and reduced expectation of privacy)
- In re D.G., 187 Cal.App.4th 47 (applies Lent to juvenile probation conditions; limits overbroad electronic-search restrictions)
- People v. Ebertowski, 228 Cal.App.4th 1170 (upheld electronic-search condition where social media use was tied to gang-related offense and future risk)