P. v. Lopez
Defendant Gustavo Lopez pleaded guilty to burglary (Pen. Code, § 459). Pursuant to the plea agreement, he was sentenced to 365 days in custody and three years of probation.On appeal, defendant objects to a portion of probation condition 6(n) and to condition 10(g). Condition 6(n), which defendant challenged in the trial court, required him to "[s]ubmit person, vehicle, residence, property, personal effects, computers, and recordable media . . . to [a] search at any time with or without a warrant, and with or without reasonable cause, when required by [his probation officer] or law enforcement officer." (Italics added.) Defendant specifically challenges the italicized portion of condition 6(n) concerning computers and recordable media (sometimes, electronic search condition), contending this "limitless electronic search" is both unreasonable and unconstitutionally overbroad because it is "completely unrelated to his second degree burglary offense or potential fu
Comments on P. v. Lopez