People v. Juan R. (In re Juan R.), A151254

• Citation: 22 Cal.App.5th 1083,232 Cal.Rptr.3d 262
• Decision Date: 02 May 2018
• Docket Number: A151254
• Court: California Court of Appeals
• Parties: IN RE JUAN R., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Juan R., Defendant and Appellant.

22 Cal.App.5th 1083

232 Cal.Rptr.3d 262

IN RE JUAN R., a Person Coming Under the Juvenile Court Law.

The People, Plaintiff and Respondent,

v.Juan R., Defendant and Appellant.

A151254

Court of Appeal, First District, Division 5, California.

Filed May 2, 2018

Gail E. Chesney, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier 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.

BRUINIERS, J.

Fourteen-year-old 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.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 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.

In 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).

As 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.

At the 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.

The 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.¹ 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.

The 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.)

At the contested dispositional hearing, which related only to Petition B, Juan's trial counsel objected to the electronic search condition.² 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 illegal drugs, from associating with gang members, and from contacting coparticipants. Juan filed a timely notice of appeal.

II. DISCUSSION

On appeal, Juan challenges the juvenile court's imposition of the electronic search condition. Specifically, he argues the probation condition, which allows warrantless search of his electronic devices, is unreasonable and unconstitutionally overbroad. We conclude the electronic search condition is valid under People v. Lent (1975) 15 Cal.3d 481, 124 Cal.Rptr. 905, 541 P.2d 545 ( Lent ), superseded on other grounds as stated in People v. Wheeler (1992) 4 Cal.4th 284, 290–291, 14 Cal.Rptr.2d 418, 841 P.2d 938, and is not overbroad as written.

When a ward, like Juan, is "placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer ... [t]he court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced." ( Welf. & Inst. Code, § 730, subd. (b) ; see id. , § 202, subd. (b).) "A juvenile court enjoys broad discretion to fashion conditions of probation for the purpose of rehabilitation and may even impose a condition of probation that would be unconstitutional or otherwise improper so long as it is tailored to specifically meet the needs of the juvenile." ( In re Josh W. (1997) 55 Cal.App.4th 1, 5, 63 Cal.Rptr.2d 701 ; accord, In re Luis F. (2009) 177 Cal.App.4th 176, 189, 99 Cal.Rptr.3d 174.) In fashioning probation conditions, the juvenile court must consider not only the circumstance of the crime, but also the minor's entire social history. ( In re Victor L. (2010) 182 Cal.App.4th 902, 921, 106 Cal.Rptr.3d 584 ; In re Walter P . (2009) 170 Cal.App.4th 95, 100, 87 Cal.Rptr.3d 668.)

A juvenile court's discretion is not boundless. " ‘ "A probationer has the right to enjoy a significant degree of privacy, or liberty, under the Fourth, Fifth and Fourteenth Amendments to the federal Constitution ...." ’ " ( In re Frank V. (1991) 233 Cal.App.3d 1232, 1242, 285 Cal.Rptr. 16.) However, " ‘the liberty interest of a minor is not coextensive with that of an adult.’ " ( Ibid. ) "[J]uvenile conditions may be broader than those pertaining to adult offenders ... because juveniles are deemed to be more in need of guidance and supervision than adults, and because a minor's constitutional rights are more circumscribed." ( In re Antonio R . (2000) 78 Cal.App.4th 937, 941, 93 Cal.Rptr.2d 212.) "Further, when the state asserts jurisdiction over a minor, it stands in the shoes of the parents. A parent may curtail a child's exercise of constitutional rights because a parent's own constitutionally protected ‘ " ‘liberty’ " ’ includes the right to ‘ " ‘bring up children’ " ’ and to ‘ " ‘direct the upbringing and education of children.’ " ’ " ( In re Antonio C. (2000) 83 Cal.App.4th 1029, 1033–1034, 100 Cal.Rptr.2d 218.) " ‘In light of this difference, a condition of probation that would be unconstitutional or otherwise improper for an adult probationer may be permissible for a minor under the supervision of the juvenile court.’ " ( In re Sheena K . (2007) 40 Cal.4th 875, 889, 55 Cal.Rptr.3d 716, 153 P.3d 282.)

We review reasonableness challenges for abuse of discretion and constitutional challenges de novo. ( People v. Mendez (2013) 221 Cal.App.4th 1167, 1172, 165 Cal.Rptr.3d 157 ; In re Shaun R . (2010) 188 Cal.App.4th 1129, 1143, 116 Cal.Rptr.3d 84.)

A. Reasonableness of the Electronic Search Condition

" ‘[A] condition of probation will not be held invalid unless it "(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality ...." [Citation.]’ ( Lent, supra , 15 Cal.3d at p. 486 [124 Cal.Rptr. 905, 541 P.2d 545].) [The Lent ] test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term. [Citations.] As such, even if a condition of probation has no relationship to the crime of which a defendant was convicted and involves conduct that is not itself criminal, the condition is valid as long as the condition is reasonably related to preventing future criminality." ( People v. Olguin (2008) 45 Cal.4th 375, 379–380, 87 Cal.Rptr.3d 199, 198 P.3d 1 ( Olguin ).) " Lent applies to juvenile court probation orders." ( In re Josh W., supra , 55 Cal.App.4th at p. 6, 63 Cal.Rptr.2d 701.)

The People concede the electronics search condition satisfies the first two Lent prongs in that it is not directly related to the robbery and does not relate to conduct which is itself criminal. ( Lent, supra , 15 Cal.3d at p. 486, 124 Cal.Rptr. 905, 541 P.2d 545.) Thus, we focus on the final justification under Lent —future criminality. The People contend the condition is reasonably related to preventing future criminality, specifically because of Juan's "admitted drug use, association with gang members,...