California Court of Appeals, First District, Fifth Division
In re JUAN R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
JUAN R., Defendant and Appellant.
Superior Court of Marin County, No. JV26402, Beverly K. Wood,
E. Chesney, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Jeffrey M. Laurence, Assistant Attorney
General, Amit Kurlekar and Violet M. Lee, Deputy Attorneys
General, for Plaintiff and Respondent.
Juan R. admitted committing second degree robbery (Pen. Code,
§ 211). At disposition, he was placed on probation. Juan
challenges the dispositional order, contending the juvenile
court imposed an unreasonable and unconstitutionally
overbroad probation condition. We affirm.
Factual and Procedural Background
January 2017, a Welfare and Institutions Code section 602
petition (Petition A) was filed, alleging Juan committed two
misdemeanors: petty theft of personal property (Pen. Code,
§ 484, subd. (a)) and throwing rocks at a vehicle (Veh.
Code, § 23110, subd. (a)). Without adjudging Juan a
ward, the juvenile court continued further hearings for six
months and placed Juan on informal probation pursuant to
Welfare and Institutions Code section 654.2.
March 2017, the Marin County District Attorney filed a second
wardship petition (Petition B), under the same case number as
the first, alleging Juan committed second degree robbery
(Pen. Code, § 211; count one) and assault by means of
force likely to cause great bodily injury (id.,
§ 245, subd. (a)(4); count two).
recounted by the probation report, on March 14, 2017, C.C.
was walking near a school when a juvenile male asked him for
money. C.C. gave him $20. When the juvenile and four other
juvenile males chased C.C., C.C. used his cell phone to take
photographs of them. The juveniles caught up to C.C., pushed
him to the ground, and repeatedly punched and kicked him. One
juvenile reportedly had a gun and threatened to shoot C.C. if
he did not delete the photos. Another of the juveniles
reached in C.C.'s pocket and took his wallet, which
contained approximately $150 to $200. A bystander recorded a
video of the attack, which showed Juan among the involved
juveniles. Juan later admitted he attacked C.C.
detention hearing, Juan's diversion on Petition A was
revoked, and he was ordered detained in juvenile hall. At the
jurisdictional hearing, Juan admitted committing the second
degree robbery (count one of Petition B) and signed a waiver
of rights. The juvenile court declared count one a felony and
dismissed count two.
probation department's dispositional report indicated
Juan was chronically truant, received poor grades, and had
been suspended from school twice, as well as disciplined for
sexual harassment and vandalism. Although Juan denied being
in a gang, several of his coparticipants were admitted gang
members affiliated with the Norteños. Juan reported
experimenting with alcohol and using marijuana regularly to
“stop [himself] from getting mad.” Juan's
mother reported violence and substance abuse in the family
home. Juan's father had been deported approximately a
year prior, and Juan's mother reported being illiterate
and feeling overwhelmed by Juan's behavior.
probation department recommended Juan be placed on formal
wardship probation subject to several conditions. One of the
recommended conditions required Juan to “[s]ubmit to
search of electronic devices at any time of the day or night
by any law enforcement officer, probation officer, or
mandatory supervision officer with or without a warrant,
probable cause or reasonable suspicion including cell phones
over which the minor has control over or access to for
electronic communication content information likely to reveal
evidence that the minor is continuing his criminal activities
and is continuing his association via text or social media
with co-companions. 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 to these electronic devices, accounts,
applications, websites to any law enforcement officer,
probation officer or mandatory supervision officer.”
(Italics added & underscoring omitted.)
contested dispositional hearing, which related only to
Petition B, Juan's trial counsel objected to the
electronic search condition. The juvenile court
adjudged Juan a ward of the court and placed him on
indefinite supervised probation. Numerous probation
conditions were imposed, including the recommended electronic
search condition. Juan was also prohibited, inter alia, from
possessing or consuming alcohol and ...