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People v. Ebertowski

California Court of Appeals, Sixth District

August 13, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
ROBERT EDWARD EBERTOWSKI, Defendant and Appellant.

Santa Clara County Superior Court No. C1349188 Honorable Gilbert T. Brown Judge

Page 1171

[Copyrighted Material Omitted]

Page 1172

COUNSEL

Attorney for Defendant and Appellant Stephanie Marie Adraktas Law Office Stephanie M. Adraktas Under Appointment by the Sixth District Appellate Program

Attorneys for Plaintiff and Respondent Kamala D. Harris Attorney General,

Dane R. Gillette Chief Assistant Attorney General

Gerald A. Engler Senior, Assistant Attorney General

Seth K. Schalit Supervising Deputy Attorney General

Laurence K. Sullivan Supervising Deputy Attorney General

OPINION

Mihara, J.

Defendant Robert Edward Ebertowski was granted probation after he pleaded no contest to criminal threats (Pen. Code, § 422)[1] and resisting or deterring an officer (§ 69) and admitted a gang allegation (§ 186.22, subd. (b)(1)(B)). He challenges on reasonableness and overbreadth grounds two of the probation conditions imposed by the trial court. These probation conditions required him to (1) “provide all passwords to any electronic devices, including cell phones, computers or notepads, within your custody or control, and submit such devices to search at any time without a warrant by any peace officer” and (2) “provide all passwords to any social media sites, including Facebook, Instagram and Mocospace and to submit those sites to search at any time without a warrant by any peace officer.” We conclude that these conditions are not unconstitutionally overbroad or unreasonable and that the trial court did not abuse its discretion in imposing them.

I. Background

The police made contact with defendant while investigating a brandishing offense. Defendant was highly intoxicated, provided a false name and birthdate to the officer, and actively physically resisted the officer. The officer nevertheless determined that a felony warrant was out for defendant’s ...


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