California Court of Appeal

In an appeal of probation conditions for plea of no contest to false imprisonment by means of deceit, Pen. Code sections 236 and 237(a), which stated that defendant's computers and electronic devices shall be subject to search for material prohibited by law, and that defendant shall not clean or delete his Internet browsing activity, and he shall maintain his history for a minimum of four weeks, the conditions are: 1) struck as to the condition allowing for searches of defendant's computers and electronic devices is unconstitutionally overbroad as worded; and 2) affirmed as to the condition requiring defendant not to delete his browser activity, where it is valid, provided it supports a narrower, valid alternative to the first challenged condition.

Appellate Information

• Published 2016/03/15

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel