CHILDREN AND THE LAW
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Delinquency Matters
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Disposition
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Probation & Wardship
............Conditions: Electronic Searches
7 Cards On This Topic:
Electronics search condition satisfied Lent but was modified as overbroad b/c it was not narrowly tailored to further M's rehabilitation.
Probation condition requiring D's computers and electronic devices be subject to search for material prohibited by law stricken as violative of the 4th Amendment.
M's electronics search condition, though reasonable under Lent, was overbroad as drafted, requiring modification; M could not raise risk of unlawful eavesdropping on 3d parties as he had no standing as to them.
As no evidence connected M's electronic device or social media use to his theft offense or a risk of future crim. conduct, probation condition requiring search of his electronic devices & disclosure of his passwords was unreasonable.
As no evidence connecting M's electronic device or social media usage to her drug offense or to a risk of future criminal conduct, submitting to a search of her electronic devices and passwords was an unreasonable condition.
Probation condition requiring M and family to permit searches of and disclose all passwords to their electronic devices and social media sites modified to omit family and any aspects of the condition unconstitutional as to M.
Though reasonable under Lent, condition requiring M to submit to warrantless searches of his "electronics including passwords" was unconstitutionally overbroad.