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Name: People v. Ebertowski
Case #: H039865
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/13/2014
Summary

As a term of probation, defendant may be ordered to provide his passwords to cellphones and social media websites, as well as to submit to warrantless searches. Appellant was granted probation after he pled no contest to criminal threats and resisting an officer, and admitted a gang allegation pursuant to section 186.22, subdivision (b)(1)(B). His probation terms required him to provide all passwords to electronic devices such as phones and computers, and to submit these devices to warrantless searches. He was also required to provide passwords to social media websites and submit those websites to warrantless searches. On appeal, appellant claimed that the conditions were overbroad and unreasonable. Held: Affirmed. The state’s interest in preventing appellant from participating in gang activities outweighed the minimal invasion of his privacy involved in a probation officer’s monitoring his use of devices and social media while on probation. Appellant’s current convictions were gang related, and the probation conditions were designed to allow the probation officer to monitor his gang associations and activities, and were therefore reasonable.