California Court of Appeals, Second District, First Division
from a judgment of the Superior Court of Los Angeles County,
No. GA094777 Michael Villalobos, Judge. Affirmed with
R. Greifinger, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris and Xavier Becerra, Attorneys General, Gerald A.
Engler, Chief Assistant Attorney General, Lance E. Winters,
Assistant Attorney General, Zee Rodriguez, and Andrew S.
Pruitt, Deputy Attorneys General, for Plaintiff and
ROTHSCHILD, P. J.
convicted Clydell Bryant of possessing a concealed, loaded,
unregistered firearm in a vehicle. The court imposed a two
year sentence, a portion of which was to be served under
mandatory supervision. During the period of mandatory
supervision, the court required Bryant to submit to searches
of text messages, emails, and photographs on any cellular
phone or other electronic device in his possession or
residence. He contends that the requirement is invalid under
People v. Lent (1975) 15 Cal.3d 481, 486
(Lent) and is unconstitutionally overbroad. We agree
that the condition is invalid under Lent and,
accordingly, strike the condition.
AND PROCEDURAL SUMMARY
night in August 2014, Pasadena police officers responded to a
call for service outside a housing complex where a group of
individuals were drinking and refusing to leave the area.
Bryant and his girlfriend, Lamaine Jones, were smoking
marijuana in a parked car in the area. Jones sat in the
driver's seat and Bryant in the passenger seat. The car
belonged to Jones's mother.
Pasadena police officer approached the driver's side of
the car and smelled a strong odor of marijuana coming from
the car. The officer asked Jones and Bryant to step out of
the car so he could check for marijuana. Jones and Bryant
police officer searched the car and found a semi automatic.45
caliber Hi-Point handgun under the front passenger seat.
According to the officer, the gun was accessible to a person
in the passenger seat, but not the driver's seat. There
were nine bullets in the gun's magazine. The police later
determined that the gun was not registered. Bryant's DNA
matched DNA found on the gun's magazine. DNA from several
persons found on the gun's handle could not be matched to
any specific person.
convicted Bryant of carrying a concealed firearm in a vehicle
(Pen. Code, § 25400, subd. (a)(1)),  and found that the
firearm was loaded and not registered to him. (§ 25400,
subds. (a) & (c)(6).)
court sentenced Bryant to two years in county jail pursuant
to section 1170, subdivision (h), and suspended the last 364
days of the term. During the time the sentence was suspended,
Bryant would be subject to mandatory supervision by the
county probation department pursuant to section 1170,
Bryant's objection, the court required that, during the
term of his mandatory supervision, Bryant submit to searches
of text messages and emails on any cellular phone or other
electronic device in his possession or residence. In response
to defendant's objection to the requirement, the court
explained: “Well, it seems to me that while he's on
either probation or supervision, the probation officer could
go in and search his residence and his person and he could
look in the residence for any indicia of any violations
either weapons or contraband, or he or she could look for
evidence that the defendant is participating or associating
with any gangs. [¶] It seems to me that a part of that
search should include, while he's on supervision or
probation, access to any computer that he uses in the home or
his cellphone; however, I don't think it's
unlimited access, and I would limit it to maybe his text
messages and e-mails and nothing else.”
prosecutor's request and over defendant's further
objection, the court added photographs to the items subject
to search on Bryant's electronic devices, explaining that
this was “reasonable because I think prior ...