In re S.T. CA1/4

Filed 10/19/15 In re S.T. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re S.T., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. S.T., A143357 Defendant and Appellant. (Alameda County Super. Ct. No. SJ14022816)

S.T. appeals from a dispositional order of probation upon her admission of the misdemeanor offense of disturbing the peace with loud and unreasonable noise (Pen. Code,1 § 415, subd. (2)). She contends that the probation condition requiring her to submit her electronic devices to search upon the request of a probation officer or peace officer is unreasonably applied to her, unconstitutionally overbroad, and violates California’s Invasion of Privacy Act (§ 632). We conclude that the condition is unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent) and therefore modify the judgment to strike it. I. FACTUAL BACKGROUND Defendant was charged, pursuant to Welfare and Institutions Code section 602, with misdemeanor burglary (§ 459, count 1) and misdemeanor petty theft (§ 484, 1 Unless otherwise indicated, all further statutory references are to the Penal Code.

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subd. (a), count 2). The charges stemmed from an incident in which defendant and two of her friends shoplifted merchandise from the Macy’s Pleasanton store on February 25, 2014. Defendant and her friends took several items of clothing into a fitting room, and subsequently left the store with the merchandise. The store’s loss prevention personnel observed defendant and the other two minors leave the fitting room with their purses and bags full, leaving no clothing behind in the fitting room. The store’s loss prevention personnel apprehended defendant and the other minors outside the store. They discovered that the security sensors on the clothing had been covered in aluminum foil to prevent the thefts from being detected. Six items with a total retail value of $235 were recovered from defendant. On July 7, 2014, defendant entered a negotiated plea admitting the offense of disturbing the peace with loud and unreasonable noise (§ 415, subd. (2)) as a reasonably related offense of count 1. The court dismissed count 2. On August 25, 2014, the court placed defendant on probation on conditions including that she “submit to a search of [her] person, any container [she] may have or own, [her] vehicle, residence, or any of [her] electronics day or night upon the request of a Probation Officer or peace officer . . . .” Defendant objected to the search condition of her electronic devices. The court noted that it was imposing the condition given defendant’s indication that she used marijuana.2 It stated, “I find from past experiences that very often minors, when they are using, will show themselves on their electronic devices actually using drugs or displaying drugs or paraphernalia.” The court also imposed standard drug conditions and ordered that she not contact or associate with her co-participants in the offense.