P. v. Gregor CA3
Defendant Corinne Renee Gregor was placed on probation after pleading no contest to identity theft. The trial court imposed a probation condition requiring her to disclose all email and internet accounts, provide passwords for all such accounts, and consent to warrantless searches of those accounts for computer related offenses. Defendant contends the electronic search condition is unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent), precluded by the Electronic Communications Privacy Act (ECPA) (Pen. Code, § 1546 et seq.), and unconstitutionally overbroad. Defendant also contends the condition violates her Fifth Amendment privilege against self-incrimination. We conclude the condition is unconstitutionally overbroad and reverse for further proceedings.
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