People v. Mark C. (In re Mark C.)
197 Cal. Rptr. 3d 865
| Cal. Ct. App. 1st | 2016Background
- 14-year-old Mark C. was found at school with a folding knife (blade 2.75 inches) and pepper spray; arrested and charged under Penal Code §626.10 via a Welf. & Inst. Code §602 wardship petition.
- Mark sought informal supervision (Welf. & Inst. Code §654.2); probation recommended it, but the juvenile court denied the request because school weapons were "very, very serious."
- Mark admitted the petition; court adjudged him a ward and placed him on probation with conditions including: warrantless-search condition covering "electronics including passwords," weapons prohibition, drug/alcohol prohibitions, school exclusion, curfew, association and obedience requirements.
- Mark objected to the electronics-search condition (and later appealed), arguing it was overbroad, not tied to his offense, and raised privacy/eavesdropping concerns; he also challenged several other conditions as vague/overbroad and lacking scienter.
- The Court of Appeal reviewed the denial of informal supervision for abuse of discretion and reviewed probation conditions under Lent and related juvenile-probation precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of informal supervision under §654.2/654.3 | Mark: denial was unreasonable given family support, improving behavior, first contact with system | People: knife/pepper spray at school are serious; presumption of ineligibility under §654.3 unless "unusual case" shown | No abuse of discretion; court properly exercised independent judgment and denied informal supervision |
| Electronics search condition ("electronics including passwords") | Mark: unrelated to knife offense, overbroad, invades privacy, not reasonably related to future criminality | People: aids supervision and monitoring (e.g., drug use/associations) | Condition invalid under Lent; phrase "electronics including passwords" struck from search condition |
| Weapons-possession probation condition | Mark: vague/overbroad, could capture innocuous household items and lacks express knowledge requirement | People: phrase "deadly or dangerous weapon" gives notice; existing willfulness standard suffices | Condition upheld as not unconstitutionally vague/overbroad; no added mens rea language required |
| Drug/alcohol and other behavioral conditions (school presence, curfew, association, obedience) | Mark: vague and overbroad; lack explicit knowledge requirement | People: terms are commonly understood and tied to rehabilitation/supervision | Conditions generally upheld; no modification to add explicit knowledge elements required |
Key Cases Cited
- Lent v. California, 15 Cal.3d 481 (Cal. 1975) (establishes three-part test for probation condition validity)
- People v. Olguin, 45 Cal.4th 375 (Cal. 2008) (probation conditions must be reasonably related to supervision; officer safety rationale upheld)
- In re Sheena K., 40 Cal.4th 875 (Cal. 2007) (probation conditions restricting constitutional rights must be closely tailored; vagueness can be cured by modification)
- People v. Balestra, 76 Cal.App.4th 57 (Cal. Ct. App. 1999) (warrantless search condition can serve rehabilitative purpose and supervision)
- In re Erica R., 240 Cal.App.4th 907 (Cal. Ct. App. 2015) (electronics-search condition invalid where no connection between device use and criminality)
- In re J.B., 242 Cal.App.4th 749 (Cal. Ct. App. 2015) (electronics-search condition invalid absent evidence linking device use to crime)
- People v. Ebertowski, 228 Cal.App.4th 1170 (Cal. Ct. App. 2014) (upheld electronics-search condition where social media was used to promote gang activity)
- In re Malik J., 240 Cal.App.4th 896 (Cal. Ct. App. 2015) (modified electronics-search condition as overbroad despite defendant's phone-theft history)
- In re Kevin F., 239 Cal.App.4th 351 (Cal. Ct. App. 2015) (modified weapons condition to include knowledge/mens rea language)