California Court of Appeals, First District, Fourth Division
In re ALONZO M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
ALONZO M., Defendant and Appellant.
Costa County Superior Court, No. J1800474, Hon. Rebecca C.
Hardie, Trial Judge:
Counsel for Appellant: Violet Elizabeth Grayson, by
Court-Appointment under the First District Appellate
Project’s Independent Case System
Counsel for Respondents: Xavier Becerra, Attorney General;
Gerald A. Engler, Chief Assistant Attorney General; Jeffrey
M. Laurence, Senior Assistant Attorney General; Eric D.
Share, Supervising Deputy Attorney General; Ronald E. Niver,
Deputy Attorney General
M. appeals a July 2018 disposition order declaring him a ward
of the juvenile court and placing him on probation subject to
terms and conditions. (See Welf. & Inst. Code, §
602, subd. (a).) In particular, Alonzo challenges a condition
of his probation that permits searches of his electronic
devices. Although we find no abuse of discretion in the
juvenile court’s decision to impose an electronic
search condition, we find the condition imposed here sweeps
too broadly, and so remand for the juvenile court to consider
imposing a narrower search condition.
AND PROCEDURAL BACKGROUND
April 2018 Crime Spree
morning of April 19, 2018, San Pablo police responded to a
report of an early morning robbery in the parking lot of the
Lytton Casino. The victim stated that the driver-side window
of her Mercedes-Benz C300 had been smashed, somebody rummaged
through her belongings and her Apple iPad Air was missing.
While officers were taking the report, two other victims came
forward. The second victim reported that someone broke the
driver-side window of his Dodge Ram and took his
stainless-steel pressure cooker. The third victim reported
that someone broke the driver-side window of his
Mercedes-Benz E320 and took his black iPhone charger. Casino
staff located three other vehicles with broken windows.
Surveillance video showed a black Jetta pulling into the
parking lot, and three suspects who exited the vehicle and
looked into cars with flashlights. One suspect could be seen
reaching into the window of a Toyota Rav-4.
that day, shortly before 10:00 p.m., a San Leandro Police
officer noticed a black Jetta occupied by three males in a
FoodMaxx parking lot. The officer did a records check, which
revealed that the Jetta had been flagged for its possible
involvement in the six auto burglaries committed in San Pablo
earlier that day. The officer parked about 15 feet behind the
Jetta and called for backup. While he was waiting, the driver
of a Honda pickup truck parked one aisle away from the Jetta.
After that driver went into the FoodMaxx, the Jetta moved
through the parking lot and parked next to the passenger side
of the Honda pickup. Alonzo got out of the Jetta and was
standing next to the truck when the officer heard a pop and
saw glass fall around Alonzo’s feet. The officer used
his car to block the Jetta from moving. When back-up arrived,
Alonzo and two other occupants of the Jetta were taken into
Jetta, police found a purse that matched the description of a
purse belonging to the victim of a nearby robbery. The victim
had reported that after shopping at the 99 Cent Store she was
placing items in her trunk when she noticed a black vehicle
pull up in front of her car. She sensed something was wrong
and went to get in her car, but just as she sat in the
driver’s seat, a person grabbed her left arm, dragged
her out of her car, and forcefully pulled her purse off her
items found in the Jetta included: a black window punch; two
flashlights; a set of keys for miscellaneous vehicles,
including a Chevrolet, Lexus and Dodge; and two iPhones, one
which had a picture of Alonzo on the screen. Police also
found a grey bag containing a laptop, a driver’s
license and credit cards, which belonged to the victim of
another purse snatch that had been committed in Hayward
earlier that day.
individuals who were arrested along with Alonzo declined to
talk with police. Alonzo reported that one of the others
committed the purse snatches, but he admitted that he broke
into the Honda pickup. Alonzo also admitted that he and the
others agreed to split the money from their crime spree.
April 23, 2018, the Alameda County District Attorney filed a
wardship petition alleging that 17-year-old Alonzo committed
three felonies in San Leandro: second degree robbery (Pen.
Code § 211); second degree burglary (§ 459);
and receiving stolen property (§ 496, subd. (a)). Alonzo
was detained pending a hearing. The probation department
contacted Alonzo’s mother (Mother), who reported that
Alonzo was respectful at home and had no behavior problems.
However, the past six months had been a tumultuous period and
a struggle for Alonzo because his father was suffering from a
mental illness and Alonzo had been helping to care for him.
detention hearing, Alonzo admitted an amended allegation that
he committed grand theft of a person, taking property valued
at more than $950 (Pen. Code § 487, subd. (c)). In
exchange for his admission, the court dismissed the other two
charges alleged in the petition. The probation department
(the department) recommended that Alonzo remain in detention
pending disposition and the People concurred. However, the
court ordered that Alonzo was to be placed on GPS monitoring
and released to the custody of Mother. The court also found
that Alonzo’s legal residence was the home of Mother,
who was living in Antioch, and ordered that Alonzo’s
case be transferred to Contra Costa County for disposition.
8, 2018, the Contra Costa County juvenile court accepted
transfer of Alonzo’s case. The court ordered Alonzo to
remain on GPS monitoring pending disposition due to the
serious nature of the charges and the fact that his school
records showed significant absences. The court further
ordered that Alonzo was to have no contact with his
“co-responsibles,” either directly or indirectly
through a third party or electronically.
22, 2018, the Contra Costa County District Attorney filed a
supplemental petition alleging that Alonzo committed three
additional felonies in San Pablo during the morning of the
April 2018 crime spree. Each new charge was based on
allegations that Alonzo committed second degree ...