Cal.1: Juvenile probation order to disclose all electronic passwords was overbroad

Juvenile probation order to disclose all electronic passwords was overbroad, following other recent cases. In re Ricardo P., 2015 Cal. App. LEXIS 931 (1st Dist. Oct. 22, 2015):

Several appeals are pending in this court that involve challenges to similar conditions imposed by the same Alameda County juvenile court. And three other divisions recently issued opinions, two of which were published, addressing the legality of these types of conditions. In one of the published opinions, Division Two held that a probation condition requiring a juvenile to submit to warrantless searches of her “electronics” and provide her “passwords” to her probation officer was invalid under Lent, supra, 15 Cal.3d 481. (In re Erica R. (2015) 240 Cal.App.4th 907, 910-911 (Erica R.).) In the other published opinion, Division Three held that a probation condition requiring a juvenile to submit to warrantless searches of his “electronic devices” and provide “passwords” to those devices and social-media sites was unconstitutionally overbroad. (In re Malik J. (2015) 240 Cal.App.4th 896, 899-900 (Malik J.).)

Although we employ different reasoning, we agree with our colleagues that a probation condition requiring, without limitation, a juvenile to submit to warrantless searches of electronic devices and accounts cannot be sustained. Although Ricardo’s condition does not run afoul of either section 632 or Lent, supra, 15 Cal.3d 481, it is overbroad because it infringes on his rights to privacy and expression without being sufficiently tailored. We therefore strike the condition and remand to the juvenile court for it to tailor a condition to Ricardo’s particular circumstances. We otherwise affirm the judgment.