In re Juan R.

The juvenile court placed Juan on informal probation (Welfare and Institutions Code 654.2) for misdemeanor petty theft and throwing rocks at a vehicle. Weeks later, a second wardship petition alleged Juan committed second-degree robbery and assault by means of force likely to cause great bodily injury. Juan admitted committing the second-degree robbery and signed a waiver of rights. The dispositional report indicated Juan was chronically truant, received poor grades, had been suspended from school twice, and was disciplined for sexual harassment and vandalism. His co-participants were admitted gang members. Juan reported using alcohol and marijuana. The probation department recommended Juan be placed on formal wardship probation subject to conditions, including requiring Juan to “[s]ubmit to search of electronic devices at any time … without a warrant, probable cause or reasonable suspicion … This search should be confined to areas of the electronic devices including social media accounts, applications, websites where such evidence of criminality [or] probation violation may be found. . . . The minor must provide access/passwords.” The juvenile court adjudged Juan a ward of the court and placed him on indefinite supervised probation. Numerous conditions were imposed, including the electronic search condition, and prohibitions on possessing or consuming alcohol and illegal drugs, associating with gang members, and contacting co-participants. The court of appeal affirmed, rejecting an argument that the condition was unreasonable and unconstitutionally overbroad. View "In re Juan R." on Justia Law