People v. Ricardo P. (In Re Ricardo P.)
People v. Ricardo P. (In Re Ricardo P.)
Opinion
**749
*107
*1115
In
People v. Lent
(1975)
*1116 Ricardo challenged the electronics search condition as invalid under Lent and unconstitutionally overbroad. Although the Court of Appeal agreed that the condition was unconstitutionally overbroad and should be narrowed for that reason, it held the condition was permissible under Lent because it "is reasonably related to enhancing the effective supervision of a probationer" and thus serves to prevent future criminality. In so holding, the court recognized that its decision conflicted with other decisions holding identical search conditions under similar circumstances invalid under Lent .
We granted review to decide whether an electronics search condition like the one at issue here is " 'reasonably related to future criminality.' " (
Lent
,
supra
, 15 Cal.3d at p. 486,
I.
In September 2014, the Santa Clara County District Attorney filed a petition under Welfare and Institutions Code section 602 seeking to declare Ricardo a ward of the court. The petition alleged that Ricardo, along with his two adult cousins, committed two felony burglaries in San Jose earlier that year. According to the petition, Ricardo and his cousins were seen entering a house; when a resident entered through the front door, they fled through the back door without taking anything. A few hours later, they entered a different house in San Jose, broke a glass door, and stole costume jewelry worth about $200.
Ricardo admitted the allegations in the petition, and the case was transferred to the Alameda County juvenile court. In December 2014, Ricardo was declared a ward of the court and placed on probation. The juvenile court imposed various probation conditions, including drug testing, prohibitions on using illegal drugs and alcohol, and prohibitions on associating with people *108 whom Ricardo knew to use or possess illegal drugs. Ricardo objected to the drug-related conditions, noting that "there's no indication there were any drugs associated with this crime." Dismissing the objection, the court cited the probation report, which stated that Ricardo had told a probation officer that "he wasn't thinking" when he committed the offense and that "he stopped smoking marijuana after his arrest because he felt that [it] did not allow him to think clearly."
One of the probation conditions requires Ricardo to "[s]ubmit ... electronics including passwords under [his] control to search by Probation *1117 Officer or peace office[r] with or without a search warrant at any time of day or night." Ricardo challenged this condition, arguing that it "is not reasonably related to the crime or preventing future crime." The court said: "I think the law is very clear that [such a condition] is appropriate ... particularly [for] minors or people that are [Ricardo's] age. I find that minors typically will brag about their marijuana usage or drug usage, particularly their marijuana usage, by posting on the Internet, showing pictures of **750 themselves with paraphernalia, or smoking marijuana. It's a very important part of being able to monitor drug usage and particularly marijuana usage." Based on Ricardo's statements that "he wasn't thinking" when he committed the offense and that smoking marijuana "did not allow him to think clearly," the court found that Ricardo "himself has made reference to the fact that marijuana was involved in the commission of this offense."
Ricardo appealed from the juvenile court's order imposing probation, arguing among other things that the electronics search condition is unreasonable under
Lent
and unconstitutionally overbroad. The Court of Appeal rejected Ricardo's argument that the condition runs afoul of
Lent
. The court "agree[d] with Ricardo that there is nothing in the record permitting an inference that electronics played a role in his crimes." But the court reasoned that the electronics search condition "is reasonably related to enabling the effective supervision of Ricardo's compliance with his other probation conditions," namely, the various drug-related conditions. While the court apparently "share[d] some of Ricardo's skepticism about the prevalence of minors' boasting on the Internet about marijuana use," it declined to reject the juvenile court's findings as "speculative." The court acknowledged that its decision conflicted with a recent decision by a different division of the same Court of Appeal,
In re Erica R.
(2015)
At the same time, the Court of Appeal held that the electronics search condition is overbroad since it "does not limit the types of data on or accessible through his cell phone that may be searched" in light of the "juvenile court's stated purpose ... to permit monitoring of Ricardo's involvement with illegal drugs." Because the condition is "insufficiently tailored to its purpose of rehabilitating Ricardo in particular," the court struck the condition and remanded for the juvenile court to impose "a narrower condition if it wishes." The court suggested that a probation condition that "limit[ed] searches of Ricardo's cell phone and other devices to electronic information that is reasonably likely to reveal whether Ricardo is boasting about his drug use or activity, such as text and voicemail messages, photographs, e-mails, and social media accounts," would be constitutional.
*109 *1118 We granted review, limited to the question whether the electronics search condition imposed by the juvenile court satisfies Lent .
II.
"The purposes of juvenile wardship proceedings are twofold: to treat and rehabilitate the delinquent minor, and to protect the public from criminal conduct." (
In re Jose C.
(2009)
**751
In
Lent
, we held that "a condition of probation which requires or forbids conduct which is not itself criminal is valid if that conduct is reasonably related to the crime of which the defendant was convicted or to future criminality." (
Lent
,
supra
, 15 Cal.3d at p. 486,
Although
Lent
involved an adult probationer, the Courts of Appeal have "consistently held that juvenile probation conditions must be judged by the
*1119
same three-part standard applied to adult probation conditions under
Lent
." (
In re D.G.
(2010)
The Court of Appeal concluded that the first two prongs of the
Lent
test are satisfied here: First, the electronics search condition " 'has no relationship' " to the crime for which Ricardo was convicted (
*110
Lent
,
supra
, 15 Cal.3d at p. 486,
The issue on which we granted review presupposes that the first and second
Lent
requirements are satisfied. This case turns on whether the electronics search condition satisfies
Lent
's third prong - that is, whether it " 'requires or forbids conduct which is not reasonably related to future criminality.' " (
Lent
,
supra
, 15 Cal.3d at p. 486,
As noted, the juvenile court imposed the electronics search condition solely to enable probation officers to monitor whether Ricardo is communicating about drugs or with people associated with drugs. The court imposed this condition even though, as the Court of Appeal explained, "there is no legitimate basis for inferring that electronic devices were connected to the commission of the burglaries." Moreover, there is no suggestion in the record or by the Attorney General that Ricardo has ever used electronic devices to commit, plan, discuss, or even consider unlawful use or possession of drugs or any other criminal activity. The juvenile court instead imposed drug-related conditions because of statements by Ricardo in the probation report that "he wasn't thinking" when he committed the offense and that "he stopped smoking marijuana after his arrest because he felt that [it] did not allow him to think clearly." The court then added the electronics search condition based on its observation that teenagers "typically" brag about such drug use on social media.
Like the Court of Appeal, we "share some of Ricardo's skepticism" about the juvenile court's inference that he was using drugs at the time he *1120 committed the burglaries, as well as the juvenile court's generalization about teenagers' tendency to brag about drug use online. But even accepting these premises, we conclude that the electronics search condition here satisfies Lent 's third prong, such that the condition is invalid under Lent , because the burden it imposes on Ricardo's **752 privacy is substantially disproportionate to the condition's goal of monitoring and deterring drug use.
Our cases upholding probation conditions under
Lent
's third prong have involved stronger connections between the burdens imposed by the challenged condition and a probationer's criminal conduct or personal history. In
Lent
itself, "there [was] no question as to the relationship of the total sum of restitution ordered to the crime of which defendant was convicted." (
Lent
,
supra
, 15 Cal.3d at p. 486,
In
People v. Carbajal
(1995)
Our pre-
Lent
cases similarly required a closer relationship between the probation condition on one hand and the probationer's criminal conduct and deterring future criminality on the other. In
People v. Mason
(1971)
By contrast, in
In re Bushman
(1970)
**753
The Courts of Appeal have similarly recognized that
Lent
's third prong requires more than just an abstract or hypothetical relationship between the probation condition and preventing future criminality. In
People v. Brandão
(2012)
Ricardo argues that we have interpreted
Lent
's third prong to require "a nexus between the probation condition and the defendant's underlying offense or prior offenses." We would not go that far. Requiring a nexus between the condition and the underlying offense would essentially fold
Lent
's third prong into its first prong. We have said that "conditions of probation aimed at rehabilitating the offender need not be so strictly tied to the offender's precise crime" (
Moran
,
supra
, 1 Cal.5th at pp. 404-405,
Yet
Lent
's requirement that a probation condition must be " 'reasonably related to future criminality' " contemplates a degree of proportionality between the burden imposed by a probation condition and the legitimate interests served by the condition. (
Lent
,
supra
, 15 Cal.3d at p. 486,
Such proportionality is lacking here. As noted, nothing in the record suggests that Ricardo has ever used an electronic device or social media in connection with criminal conduct. The juvenile court instead relied primarily
**754
on indications that Ricardo had previously used marijuana and its generalization that "minors typically will brag about their marijuana usage or drug usage, particularly their marijuana usage, by posting on the Internet, showing pictures of themselves with paraphernalia, or smoking marijuana." Based solely on these observations, the juvenile court imposed a sweeping probation condition requiring Ricardo to submit all of his electronic devices and
*1123
passwords to search at any time. Such a condition significantly burdens privacy interests. (See
Hill v. National Collegiate Athletic Assn.
(1994)
If we were to find this record sufficient to sustain the probation condition at issue, it is difficult to conceive of any case in which a comparable condition could not be imposed, especially given the constant and pervasive use of electronic devices and social media by juveniles today. In virtually every case, one could hypothesize that monitoring a probationer's electronic devices and social media might deter or prevent future criminal conduct. For example, an electronics search condition could be imposed on a defendant convicted of carrying an unregistered concealed weapon on the ground that text messages, e-mails, or online photos could reveal evidence that the defendant possesses contraband or is participating in a gang. (But see
People v. Bryant
(2017)
The plain language of this electronics search condition would require Ricardo to provide probation officers full access, day or night, not only to his social media accounts but also to the contents of his e-mails, text messages, and search histories, all photographs and videos stored on his devices, as well as any other data accessible using electronic devices, which could include anything from banking information to private health or financial information to dating profiles. (See
Riley
,
supra
, 573 U.S. at p. 397,
We agree with our dissenting colleagues that our role in reviewing probation conditions for abuse of discretion is a limited one. (Conc. & dis. opn. of Cantil-Sakauye, C.J.,
post
, 251 Cal.Rptr.3d at pp. 119-121, 126-127, 446 P.3d at pp. 759-760, 764-765; see also
Sheena K.
,
supra
, 40 Cal.4th at p. 885,
III.
The Court of Appeal rested its analysis of
Lent
's third prong entirely on
Olguin
,
supra
,
We rejected Olguin's argument, holding that "the notification condition in question is reasonably related to the supervision of defendant and hence to his rehabilitation and potential future criminality." (
*1125
Olguin
,
supra
, 45 Cal.4th at p. 380,
Like the Court of Appeal, the Attorney General characterizes Olguin as "unmistakably stand[ing] for the principle that conditions reasonably related to enhancing the effective supervision of probationers are valid under Lent ." Ricardo argues that accepting this understanding of Olguin would "render[ ] Lent meaningless by broadening the third prong to allow any probation condition that enhances surveillance of the probationer."
We think Ricardo has the better argument. If we were to hold that any search condition facilitating supervision of probationers is "reasonably related to future criminality," we might be obligated to uphold under Lent a condition mandating that probationers wear 24-hour body cameras or permit a probation officer to accompany them at all times. Such conditions would enhance supervision of probationers and ensure their compliance with other terms of probation. But they would not be reasonable because the burden on the probationer would be disproportionate to the legitimate interest in effective supervision.
**756
Contrary to the Attorney General's reading of
Olguin
, the defendant in that case did not challenge the residence search condition itself; he objected only to the requirement that he
notify
the probation officer about any pets at his residence. (
Olguin
,
supra
, 45 Cal.4th at p. 380,
*1126
It is true that our opinion in
Olguin
contains some expansive language - for example, "[a] condition of probation that enables a probation officer to supervise his or her charges effectively is ... 'reasonably related to future criminality.' " (
Olguin
,
supra
, 45 Cal.4th at pp. 380-381,
The fact that an electronics search condition may burden a juvenile probationer's constitutional rights does not necessarily render it invalid. (See
Sheena K.
,
supra
, 40 Cal.4th at p. 889,
The Attorney General also argues that invalidating the electronics search condition here would make it impossible for courts to impose "common" and "standard search conditions," such as those permitting warrantless searches of a juvenile probationer's person, property, and residence. But a property or residence search condition is likewise subject to Lent 's three-part test. Under the rule we set forth today, a juvenile court imposing such a condition must consider whether, in light of "the facts and circumstances in each case" ( Bryant , supra , 10 Cal.App.5th at p. 402 ), the burdens imposed by the condition are proportional to achieving some legitimate end of probation. Our determination that the electronics search condition here is not reasonably related to Ricardo's future *117 criminality will not impair juvenile courts' ability to impose traditional search conditions in future cases when warranted.
Moreover, the Attorney General's argument does not sufficiently take into account the potentially greater breadth of searches of electronic devices compared to traditional property or residence searches. (See
Riley
,
supra
, 573 U.S. at pp. 396-397,
Our dissenting colleagues agree that the electronics search condition here "sweeps too broadly relative to its rationale," although they would reach *1128 this conclusion not under Lent but under constitutional overbreadth analysis, an issue on which we did not grant review. (Conc. & dis. opn. of Cantil-Sakauye, C.J., post , 251 Cal.Rptr.3d at pp. 127-128, 446 P.3d at pp. 765-766.) The dissent appears troubled by the fact that both Lent , as we interpret it here, and constitutional overbreadth analysis require a court to assess the relative burdens and benefits of probation conditions. (Conc. & dis. opn. of Cantil-Sakauye, C.J., post , at 251 Cal.Rptr.3d at p. 119, 125-126, 446 P.3d at p. 759, 764.) But Lent is an interpretation of the Legislature's requirement that probation conditions be "reasonable." ( Pen. Code, § 1203.1, subd. (j) ; Welf. & Inst. Code, § 730, subd. (b).) That qualification indicates some concern with the fit between the means and legitimate ends of probation conditions: A probation condition that imposes substantially greater burdens on the probationer than the circumstances warrant is not a "reasonable" one. Indeed, the dissent acknowledges that some proportionality inquiry is warranted under Lent ; how else to conclude that some highly intrusive (and presumably highly effective) means of supervising probationers would be "absurd"? (Conc. & dis. opn. of Cantil-Sakauye, C.J., post , at 251 Cal.Rptr.3d p. 123, 446 P.3d at p. 762.)
The dissent also expresses concern that our approach saddles appellate courts with "an unduly exacting proportionality inquiry" for all probation conditions challenged under
Lent
, the kind of inquiry the dissent would reserve only for those probation conditions that implicate constitutional rights. (Conc. & dis. opn. of Cantil-Sakauye, C.J.,
post
, 251 Cal.Rptr.3d at p. 119, 126 fn. 9, 446 P.3d at p. 759, 764 fn. 9.) But probation conditions often implicate the probationer's liberty interests,
**758
and appellate courts are certainly capable of determining whether a condition's infringement on liberty is substantially disproportionate to the ends of reformation and rehabilitation. (See, e.g.,
Sheena K.
,
supra
, 40 Cal.4th at p. 889,
In sum, we hold that the electronics search condition here is not reasonably related to future criminality and is therefore invalid under
Lent
. Our holding does not categorically invalidate electronics search conditions. In certain cases, the probationer's offense or personal history may provide the juvenile court with a sufficient factual basis from which it can determine that an
*1129
electronics search condition is a proportional means of deterring the probationer from future criminality. (See
People v. Appleton
(2016)
CONCLUSION
We affirm the Court of Appeal's judgment striking the electronics search condition and remand to the Court of Appeal so that it may remand the case to the juvenile court for further proceedings consistent with this opinion.
We Concur:
CUÉLLAR, J.
KRUGER, J.
GROBAN, J.
Concurring and Dissenting Opinion by Chief Justice Cantil-Sakauye
I concur in the remand of this matter for further proceedings as may be appropriate, but I respectfully dissent from the majority's rationale for doing so. The Court of Appeal got it right: The
*1130
electronics search condition imposed by the juvenile court as a condition of probation satisfies the standard we adopted in
People v. Lent
(1975)
As I will explain, my principal disagreement with the majority concerns its importation of an unduly exacting proportionality inquiry into the Lent framework. (See maj. opn., ante , 251 Cal.Rptr.3d at p. 110, 113, 115, 118, 446 P.3d at p. 751, 753, 755, 758.) In expanding the Lent analysis, the majority needlessly subverts the multistep approach to appellate review of probation conditions that we have previously endorsed and applied.
Under our precedent, search conditions generally have been recognized as " 'reasonably related to future criminality' " (
Lent
,
supra
, 15 Cal.3d at p. 486,
I. THE ELECTRONICS SEARCH CONDITION IMPOSED BY THE JUVENILE COURT SATISFIES LENT
A. Trial Courts, and Especially Juvenile Courts, Have Broad Discretion in Crafting Appropriate Conditions of Probation
Probation is a creature of statute, and juveniles are treated differently from adults. With formal juvenile probation, the state, through the juvenile court, acts much like a parent would to provide guidance and direction to the delinquent ward. "Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their *1131 behavior, and that is appropriate for their circumstances. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter." ( Welf. & Inst. Code, § 202, subd. (b).) Thus, "When a ward ... is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, ... [t]he court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done *120 and the reformation and rehabilitation of the ward enhanced." ( Id ., § 730, subd. (b).)
With juvenile probationers, as with adult probationers, the Legislature has generally directed that conditions attached to probation must be "reasonable." ( Pen. Code, § 1203.1, subd. (j) ; Welf. & Inst. Code, § 730, subd. (b).) But it is well-established that the juvenile court has
particularly
broad latitude in crafting appropriate conditions of probation. (
In re Sheena K
. (2007)
The conferral of especially broad latitude to the juvenile court to craft suitable conditions of probation - even conditions that implicate constitutional rights - recognizes that " '[j]uvenile probation is not an act of leniency, but is a final order made in the minor's best interest.' " (
In re Tyrell J.
,
supra
, 8 Cal.4th at p. 81,
*1132
The statutory scheme governing juvenile probation illustrates the wide variety of probation conditions that the Legislature regards as appropriate for a delinquent ward. These statutes explicitly place several probation conditions within the discretion of the juvenile court to impose, including conditions that the juvenile stay in school ( Welf. & Inst. Code, § 729.2, subd. (a) ), obey a curfew (
*121 B. Lent Must Be Understood as Part of a Larger Framework for the Evaluation of Probation Conditions
Lent
,
supra
,
The
Lent
test and the distinct inquiry into overbreadth represent complementary methods of ascertaining whether a probation condition is appropriate. When relevant,
Lent
's third prong - whether a condition " 'requires or forbids conduct which is not reasonably related to future criminality' " (
Lent
,
supra
, 15 Cal.3d at p. 486,
It is unclear how literally
Lent
's third prong should be applied to a condition of probation imposed upon a juvenile offender. The aims of juvenile probation are broader and more ambitious than merely avoiding future criminality (see Welf. & Inst. Code, § 202, subd. (b) ), suggesting that the " 'reasonably related to future criminality' " criterion (
**762
Lent
,
supra
, 15 Cal.3d at p. 486,
C. The Electronics Search Condition Before Us Satisfies Lent as We Have Construed That Test
The electronics search condition before us fails Lent 's third prong because the condition has a reasonable relationship to Ricardo's reformation and rehabilitation. Search conditions have long been recognized as reasonable tools for detecting and deterring future criminality by a probationer, and the juvenile court below could properly regard an electronics search condition, in particular, as a critical part of a probation plan designed to advance Ricardo's best interests.
Conditions of probation that allow for the warrantless search of a person and his or her residence and effects have been regarded as reasonable simply by reference
*123
to the offense of conviction, without any additional case-specific balancing of benefits and burdens. In
People v. Mason
(1971)
This court adopted an even more categorical view of the relationship between
Lent
's third prong and search conditions in
Olguin
,
supra
,
**763
Here, affording probation officers access to Ricardo's electronic devices and accounts to detect and deter further marijuana use - which the juvenile court in its experience with juveniles reasonably regarded as connected to possible future unlawful behavior - would enable the officers "to supervise [Ricardo] effectively" (
Olguin
,
supra
, 45 Cal.4th at pp. 380-381,
I recognize that the discussion of
Lent
's third prong in
Olguin
,
supra
, 45 Cal.4th at pages 380-381,
At root, the court simply did what many concerned parents would. With or without signs of trouble, parents commonly monitor their teenagers' social media accounts, e-mails, and text messages. (See Anderson, Parents, Teens and Digital Monitoring (2016) Pew Research Center pp. 2 [reporting that 61% of surveyed parents had checked which websites their teenage child had visited, 60% had checked their teen's social media profiles, and 48% had looked through their teenage child's phone call records or text messages], 3 [reporting that 48% of surveyed parents know the password to their teen's e-mail account, 43% know the password to their teen's cell *125 phone, and 35% know the **764 password to at least one of their teen's social media accounts].) In *1137 doing so, parents may find communications regarding drug or alcohol use. (See Moreno et al., A Longitudinal Investigation of Associations Between Marijuana Displays on Facebook and Self-Reported Behaviors Among College Students (2018) 63 J. Adolesc. Health 313, 316 [reporting the results of a survey of college students revealing, inter alia, that "[a]pproximately 22% of participants who reported lifetime marijuana use displayed references to marijuana on Facebook"].) So obtained, a child's posts, texts, or e-mails can provide helpful insights into problems he or she may be struggling with. Furthermore, if the concern is that a child is using these channels to brag about illicit conduct, the prospect of disclosure to an authority figure may prevent him or her from engaging in this behavior at all. Although a parent might reasonably decide not to engage in this sort of supervision, it is also not entirely unreasonable for a parent, particularly a parent of a troubled teenager, to regard such oversight as appropriate.
The juvenile court, in its experience standing in the shoes of a parent, appears to have implicitly engaged in similar reasoning. The court had every reason to be worried that Ricardo might use marijuana again, that this use was connected to criminality, and that evidence of anticipated or actual use could be found in his social media or text accounts. If Ricardo were otherwise inclined to obtain or use marijuana and - alone or with others - text, e-mail, Instagram, Snapchat, or otherwise post about it, the electronics search condition imposed by the juvenile court would dampen this incentive to partake. (See
In re Jaime P.
,
supra
, 40 Cal.4th at p. 137,
D. The Majority's Concerns Are Better Addressed Through an Overbreadth Analysis than Through a Flawed Application of Lent
The majority does not hold otherwise. On the contrary, the majority reserves the question of whether a more narrowly defined electronics search condition, such as one along the lines suggested by the Court of Appeal, could be justified on the record before us (maj. opn., ante , 251 Cal.Rptr.3d at p. 114, 446 P.3d at 754), and condemns only the broad condition imposed by the juvenile court. Thus, my disagreement with the majority concerns its reasoning more than the result it reaches. Specifically, the majority opines that " Lent 's requirement that a probation condition must be " 'reasonably related to future criminality" '
*1138 contemplates a degree of proportionality between the burden imposed by a probation condition and the legitimate interests served by the condition." ( Id ., at p. 112, 446 P.3d at p. 753.) It concludes that the electronics search condition here 'satisfies Lent 's third prong and is therefore invalid under the Lent test because, on the record before us, the burden it imposes on Ricardo's privacy is substantially disproportionate to the countervailing interests of furthering his rehabilitation and protecting society.' ( Id ., at p. 110, 446 P.3d at p. 751.) The majority further asserts that all search conditions *126 are likewise subject to a similar proportionality analysis. ( Id ., at p. 116, 446 P.3d at p. 756.)
The majority's construction of the
Lent
test as incorporating a case-specific appellate reweighing of the benefits and burdens associated with a given probation condition cannot easily be reconciled with our more categorical endorsements of search conditions in
Mason
,
supra
,
This critique holds regardless of whether a method for reviewing probation conditions is evaluated by reference to whether it yields consistent results, its faithfulness to the statutory scheme, whether it adequately recognizes and protects the constitutional rights preserved by a probationer, or some other standard. My most pronounced concern regarding the majority's approach involves whether it fully accounts for the myriad considerations relevant to the imposition of a probation condition on a defendant or a delinquent ward, and the superior ability of the trial and juvenile courts to gather and apply *1139 this information. The juvenile court, unlike us, observed Ricardo in person. That court, experienced in presiding over juvenile matters, saw firsthand how Ricardo presents himself, and perhaps whether he is shy or outgoing, calm or quick to anger, contrite or defiant, and even whether and how often he uses a smartphone. In short, there is every reason to believe that the juvenile court had a much better sense of what Ricardo needs than we do, and a greater appreciation of not only what the benefits and burdens of a particular probation condition will be, but also whether they are distinct or intertwined.
We should respect these insights, which even with a robust record cannot be completely accounted for through a relatively clinical and abstract proportionality assessment undertaken on appeal. Although the majority purports to review for an abuse of discretion, it wields its view of Lent to engage in essentially de novo review of the electronics search condition before us. In a case such as this one, our conventional approach toward review of probation conditions better assimilates the juvenile court's comparative advantages with an appropriate degree of appellate oversight. Furthermore, whereas the majority simply *127 casts the electronics search condition imposed by the juvenile court as unreasonable under Lent , and leaves that court to guess what sort of similar condition, if any, might pass muster, review for overbreadth more constructively considers how a probation condition might be appropriately tailored to respond to the juvenile court's concerns, without placing unnecessary impositions on constitutional rights.
The concerns behind the majority's construction of Lent , meanwhile, are either overstated or can properly be addressed through a review for overbreadth. The majority fears that if the electronics search condition here is found to satisfy Lent , then this type of condition (if not the precise condition before us) could be imposed as a matter of course in any case involving formal probation. (Maj. opn., ante , 251 Cal.Rptr.3d at p. 113, 446 P.3d at p. 753.) Perhaps that would be true if the condition were justifiable on the sole ground that it was necessary to ensure that the probationer "obey all laws," a generic term of probation. But the juvenile court offered a more specific rationale for the electronics search condition in this case. No analogous justification will exist, either on the record or as a matter of inference, in many other matters involving a grant of probation. Moreover, we are not concerned here with an adult probationer, with regard to whom the court's discretion in devising appropriate conditions of probation is more constrained.
The majority also emphasizes the unique qualities of electronic devices and online communications **766 that could translate into the disclosure of particularly sensitive or voluminous information if a search condition applied to them. (Maj. opn., ante , 251 Cal.Rptr.3d at pp. 116-117, 446 P.3d at pp. 756-757.) But there is no indication that, in this case, these concerns cannot be adequately addressed by placing appropriate *1140 limits on the ability of probation officers to access Ricardo's information, whether through the selective provision of passwords or other measures. The electronics search condition being susceptible to such tailoring, the majority's concerns are better addressed through a separate overbreadth analysis.
II. THE ELECTRONICS SEARCH CONDITION HERE IS OVERBROAD
The majority's construction of
Lent
might be better taken if the
Lent
test were the only way to address the flaw within the condition imposed by the juvenile court. But, again, there remains the separate inquiry into overbreadth. I agree with the majority that the electronics search condition implicated Ricardo's constitutional rights, supplying the necessary premise for engaging in an overbreadth analysis. (See
In re Jaime P.
,
supra
, 40 Cal.4th at p. 137,
III. CONCLUSION
The majority is correct that the electronics search condition before us is flawed; the condition sweeps too broadly relative to its rationale. But to avoid a construction of Lent that it regards as too *128 deferential, the majority veers too far in the other direction. It is preferable as a matter of policy and more consistent with our precedent to recognize that the separate inquiry into overbreadth provides the proper method of identifying and rectifying the problems with conditions such as the one before us. I therefore concur in the remand of this matter but would do so for the reasons stated by the Court of Appeal, and with similar directions to those it issued.
We Concur:
CHIN, J.
CORRIGAN, J.
As imposed by the juvenile court, this condition required Ricardo to "[s]ubmit ... electronics including passwords under [his] control to search by [p]robation [o]fficer or peace office[r] with or without a search warrant at any time of day or night." The condition did not require that a search be premised on reasonable suspicion that the electronic device or online account being searched contains evidence of a crime. (See
People v. Reyes
(1998)
Even though a juvenile court acts in a quasi-parental capacity in its oversight of a juvenile adjudicated a delinquent and placed on formal probation, its authority and that of a parent are of course not exactly coextensive. Parents can do some things that the state cannot. (See, e.g.,
Gonzalez v. Santa Clara County Dept. of Social Services
(2014)
The statutory requirement that a condition of probation be reasonable, whether imposed upon an adult probationer or a juvenile, long predates our decision in Lent . (See Stats. 1927, ch. 770, § 1, p. 1495; Stats. 1961, ch. 1616, § 2, p. 3487.)
Probation conditions have been rejected under
Lent
or similar standards when, among other things, they set goals beyond the probationer's ability to achieve (see, e.g.,
In re Juan G.
(2003)
The probation condition in
Mason
,
supra
,
In this context, our opinion in
Olguin
,
supra
, 45 Cal.4th at page 381,
This is true even if the condition is justified solely by reference to a need to deter and detect Ricardo's marijuana use. Conceivably, the condition also could have similar utility in ensuring that Ricardo complies with the juvenile court's order that he have no contact with the other perpetrators (his cousins) in the burglaries.
As the majority explains (maj. opn., ante , 251 Cal.Rptr. at p. 107, 446 P.3d at p. 749), Ricardo admitted to participating in two residential burglaries. He wore a mask in the first burglary, which was aborted when a resident entered. In the second burglary, the perpetrators obtained access by breaking a sliding glass door. They stole numerous pieces of costume jewelry from inside the house before leaving. When approached by officers who had been alerted to the burglary a few minutes after it occurred, Ricardo ran toward and tried to enter another residence, only to find the door locked. Upon being searched by police, two cell phones and a stolen bracelet were found in Ricardo's pants pocket.
In a subsequent interview with a probation officer, Ricardo admitted to smoking marijuana as a 17 year old, the same age he was at the time of the crimes. With regard to the burglaries, Ricardo reported that "he wasn't thinking," adding "that he stopped smoking marijuana after his arrest because he felt that [it] did not allow him to think clearly." The juvenile court explained that it relied on these admissions in imposing the electronics search condition.
The majority appears to take the position that the Lent analysis it endorses resembles an overbreadth inquiry in that both involve nuanced assessments of the benefits and burdens attached to a probation condition. (Maj. opn., ante , 251 Cal.Rptr.3d at p. 117, 118, 446 P.3d at p. 757, 758.) But this assertion elides important differences between the two methodologies. Among them, the majority places no limits on the interests that must be accounted for in the Lent analysis, whereas overbreadth is concerned with avoiding undue constraints on constitutional rights. Moreover, a review for overbreadth assesses how a flawed, but not fundamentally misguided, condition might be narrowed to avoid needless impositions on constitutional rights. This focus lends itself to a more structured analysis than the fluid proportionality inquiry contemplated by the majority does, and in doing so complements the more fundamental inquiry that Lent is properly understood as entailing.
Reference
- Full Case Name
- In RE RICARDO P., a Person Coming Under the Juvenile Court Law. the People, Plaintiff and Respondent, v. Ricardo P., Defendant and Appellant.
- Cited By
- 189 cases
- Status
- Published