Criminal,
Constitutional Law
Mar. 17, 2017
Searching a probationer's electronic devices
Under what circumstances do the Constitution and case law allow warrantless searches of electronic devices owned by probationers or parolees?
If the police want to search your cellphone, they generally need a warrant. The U.S. Supreme Court said so in Riley v. California, 134 S. Ct. 2473 (2014), and then the California Legislature said so in the California Electronic Communications Privacy Act (Cal-ECPA). Now Cal-ECPA has an exception allowing warrantless searches of electronic devices for probationers or parolees, provided their probation or parole conditions expressly authorize such searches. Pen. Code Section 1546.1(...
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