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Name: People v. Simpson
Case #: F082821
Opinion Date: 04/07/2022
Attorney: Allan E. Junker
Summary

The Court of Appeal agreed with the parties that Assembly Bill No. 1869 (2019–2020 Reg. Sess.) retroactively applied to the appellant. Accordingly, any portion of the fees imposed under Penal Code repealed section 1203.1b that remained unpaid as of July 1, 2021, must be vacated. Furthermore, the probation condition giving the appellant’s probation officer the unlimited ability to search all his electronic devices was unconstitutionally overbroad and a violation of his Fourth Amendment rights prohibiting unreasonable searches and seizures, as the condition had no relationship to his criminal conduct. The court struck the condition and remanded so as to permit the trial court to tailor it more narrowly.