People v. J.B.
242 Cal. App. 4th 749
| Cal. Ct. App. | 2015Background
- J.B., a juvenile, admitted a petty theft in August 2014 and was placed on probation under Welfare and Institutions Code 602; a electronic-search condition including passwords was imposed.
- The court relied on generalized drug-use history and internet activity as justification for monitoring electronic devices.
- Minor objected to the electronic-search condition; the trial court denied the motion to strike, citing connections between phone use, school performance, and probation monitoring.
- Prosecution argued the condition helps monitor compliance with other probation terms and potential future criminality; the record showed no specific link between the offense and electronic-device usage.
- The appellate court applied the Lent test (three-part: relationship to current crime, related to criminal conduct, and reasonable relation to future criminality) and found the first two factors satisfied but the third lacking.
- Divisions distinguished prior cases (Erica R., Ebertowski, Malik J., Ricardo P., Patrick F.) and struck the broad electronic-devices search condition as overbroad; disposition modified to strike that condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relation of electronic search to the offense | J.B. argues no relationship to petty theft. | People contends monitoring aids rehabilitation and future compliance. | No relationship; condition invalid. |
| Reasonableness under Lent three-part test | Condition tied to future criminality via monitoring tool. | Condition is appropriate to supervise probation and deter crime. | Fails third Lent factor; invalid. |
| Overbreadth and tailoring of electronic searches for juveniles | Electronic searches should be broad as needed to supervise; prior cases permit wide access. | Electronic-search condition necessary for supervision and public safety. | Overbroad; not narrowly tailored to minor's history; strike. |
| Applicability of Erica R./other authorities to juveniles | Analogous reasoning supports sustained electronic search. | Distinguishing juvenile context may allow broader limits. | Erica R. controls; strike upheld. |
Key Cases Cited
- In re Erica R., 240 Cal.App.4th 907 (2015) (juvenile electronic search conditions must be tailored to the case)
- In re Malik J., 240 Cal.App.4th 896 (2015) (limits on electronic-device search conditions for juveniles)
- In re Ricardo P., 241 Cal.App.4th 676 (2015) (overbroad electronic search conditions; tailor to relevance)
- People v. Olguin, 45 Cal.4th 375 (2008) (adult probation differences; reasonableness standard)
- People v. Lent, 15 Cal.3d 481 (1975) (three-part test for probation conditions)
- In re D.G., 187 Cal.App.4th 47 (2010) (Lent test applied to juvenile probation)
- In re Balestra, 76 Cal.App.4th 57 (1999) (Lent test applied to juvenile probation conditions)