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California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case
Loaded on Feb. 18, 2020
by Anthony Accurso
published in Criminal Legal News
March, 2020, page 22
Filed under:
Searches.
Location:
California.
by Anthony Accurso
The Court of Appeal of California, Second Appellate District, held that a condition imposed during a mandatory supervision period that required the defendant to submit to searches of any electronic device in his possession was overly broad and unrelated to preventing future criminality.
Clydell Bryant was charged ...
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More from this issue:
- News in Brief
- Federal Rules Limit Searches of Private DNA Databases, by Jayson Hawkins
- Unsurprisingly Lenient Sentence for Rapist Cop, by Anthony Accurso
- Kim Kardashian Keeps Going, Helps Release D.C. Prisoner, by Dale Chappell
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- More Crooked Cops in New York City Make the Naughty List, by Douglas Ankney
- For the Mentally Ill, Calling 911 Could Prove Deadly, by Edward Lyon
- Alabama Sheriff Denied Immunity for False Charges Against Whistleblower, by Anthony Accurso
- Police Still Have Access to Records That Are Supposedly Sealed, Suit Alleges, by Bill Barton
- DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
- White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping, by Douglas Ankney
- DA’s Office Files Bar Complaint on Its Own Former Prosecutor, by Anthony Accurso
- Tenth Annual NRC Report Magnifies Limits of Forensic Evidence, by Bill Barton
- Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California, by Bill Barton
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, by Dale Chappell
- Prosecutors Transform Due Process into ‘Dues Processed’, by Douglas Ankney
- New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families, by Sandy Rozek
- Employers are Adjusting to Hiring Ex-Offenders, by Anthony Accurso
- Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations, by Kevin Bliss
- Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range, by Douglas Ankney
- Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History, by Douglas Ankney
- Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend, by Douglas Ankney
- Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders, by Michael Berk
- Vermont Supreme Court Rejects ‘Blanket Rule’ Requiring Fingerprinting in Misdemeanor Cases, by Dale Chappell
- Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction, by Dale Chappell
- Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule, by Dale Chappell
- Lies by Former Houston Cop Facing Murder Charge Might Affect Over 14,000 Cases, by David M. Reutter
- The ‘First Step’ Has Been Taken — What’s Next?, by Dale Chappell
- Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase, by Douglas Ankney
- Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction, by Douglas Ankney
- California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations, by Douglas Ankney
- Nevada Supreme Court Announces Rule for When Hearing Required on Fair-Cross-Section of Community Violation Claim in Jury Selection, by Dale Chappell
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, by Douglas Ankney
- Eleventh Circuit Holds Georgia’s Terroristic Threats Statute Not Violent Felony for ACCA, by Dale Chappell
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, by Anthony Accurso
- Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah, by Douglas Ankney
- Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i, by Anthony Accurso
- Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’, by Douglas Ankney
- Fourth Circuit: Magistrate’s Failure to Warn of ACCA Enhancement Was Plain Error, by Douglas Ankney
- Ninth Circuit Vacates Unconstitutionally Vague Supervised-Release Conditions, by David M. Reutter
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, by Douglas Ankney
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, by Douglas Ankney
- First Step Act Earned-Time Credits are Coming ... Eventually and Only to Some Prisoners, by Dale Chappell
- Alaska Supreme Court: Forcing a Defendant to Testify Is Structural Error Requiring Automatic Reversal, by Douglas Ankney
- California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case, by Anthony Accurso
- Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence, by Anthony Accurso
- Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews, by Douglas Ankney
- Attacking the Guilty Plea: The ‘Voluntarily and Knowingly Made’ Standard, by Dale Chappell
- Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction, by Douglas Ankney
- Prosecutorial Misconduct: Justice Denied as the System Turns a Blind Eye, by Christopher Zoukis
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone, Oct. 4, 2020. Retaliation, Searches, Failure to Protect (General), First Amendment, rights.
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, Feb. 18, 2020. Searches.
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, Jan. 21, 2020. Searches, Fourth Amendment, rights.
- Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, Jan. 21, 2020. Searches, Police, Fourth Amendment, rights.
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, Dec. 18, 2019. Misconduct/Corruption, Police Misconduct, Searches, Police Searches.
- California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid, Nov. 18, 2019. Searches.
- Alaska State Supreme Court Rules Due Process Afforded to Prisoners Seeking Laundry Job Reinstatement, Oct. 28, 2019. Searches, Money/Property, Fair Labor Standards Act, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution, Oct. 19, 2019. Searches, Telephone Access, Police, Traffic stop.
- Oregon Identity Theft Convictions Merge Into Aggravated Identity Theft, Oct. 19, 2019. Searches, Sentencing, Police, Traffic stop.
- Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable, Oct. 16, 2019. Searches, Computer Searches, Immigration.
