A number of trial courts have been imposing electronic search conditions and defense attorneys have been challenging the conditions. This has led to many published appellate decisions addressing the validity of these electronic search conditions, and the California Supreme Court has granted review of this issue (see below). We developed this page to assist appointed counsel with challenging these electronic search conditions on appeal.
We will post additional resources and sample briefing as they become available.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? (In re Ricardo P. (2015) 241 Cal.App.4th 676, review granted 2/17/2016 (S230923/A144149).)
SAMPLES CAVEAT: Counsel should consider whether a given sample is the best or the only approach to take in any given case, and are encouraged to make further, hopefully even better, arguments. CCAP provides these samples simply as possible options to consider before deciding the best tactical approach for a given case/client. Counsel's strategy will necessarily differ depending upon the circumstances and juncture of each case. Finally, CCAP encourages counsel to review the articles and memos provided by the projects to understand the full scope of possible options and considerations.
Sample briefing from In re D.H., A147361 provided curtesy of panel attorney Leah Spero.