California v. Wright

Defendant Christopher Wright admitted a felony violation of Penal Code section 530.5 (c)(3), acquiring personal identifying information with intent to defraud, in relation to the possession of about 60 credit cards, driver’s licenses, gift cards and Social Security cards in the names of other people. The trial court placed defendant on probation with various terms and conditions, including that defendant submit his electronic storage devices and e-mail/Internet accounts to search without a search warrant. Defendant argued on appeal of those conditions that: (1) the electronic device search condition was invalid under California v. Lent, 15 Cal.3d 481 (1975); (2) the electronic device search condition violated his right to privacy and was overbroad; (3) the electronic device search condition violated his privilege against self-incrimination; (4) the electronic device search condition violated the California Electronic Communications Privacy Act (sec. 1546 et seq.); (5) the e-mail/Internet account search condition violated his right to privacy and his privilege against self-incrimination; (6) his counsel was ineffective in failing to object to the e-mail/Internet account search condition; (7) the urinalysis test fee was unauthorized and cannot be made a condition of probation; (8) the order granting probation must be modified to make clear that payment of the court facility fee was not a condition of probation; and (9) the criminal impact fee was unauthorized. Defendant withdrew his contention that certain probation conditions had to be modified to include a scienter requirement. The Court of Appeal modified the order granting probation to strike the urinalysis testing fee and the criminal impact fee, and to provide that the court facility fee was not imposed as a condition of probation, but instead was imposed as an order of the trial court entered at judgment. View "California v. Wright" on Justia Law