In re K.S. CA3

Filed 10/29/20 In re K.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

In re K.S., a Person Coming Under the Juvenile Court C090869 Law.

THE PEOPLE, (Super. Ct. No. SCRDJDSQ193146601) Plaintiff and Respondent,

v.

K.S.,

Defendant and Appellant.

After the juvenile court adjudged K.S. a ward of the court, it placed her on probation with certain conditions, including an electronics search condition that K.S. challenges on appeal as both unreasonable under state law and unconstitutionally overbroad. We agree with K.S. that, under People v. Lent (1975) 15 Cal.3d 481 and

1

In re Ricardo P. (2019) 7 Cal.5th 1113 (Ricardo P.), the electronics search condition is unreasonable. Accordingly, we will strike that condition and otherwise affirm. BACKGROUND In July 2019, a petition under Welfare and Institutions Code section 602 was filed in Shasta County alleging that K.S. committed arson of an inhabited structure in violation of Penal Code section 451, subdivision (b).1 Ultimately, in October 2019, K.S. admitted she committed arson of a structure (§ 451, subd. (c)) and criminal threats (§ 422). A November 2019 dispositional report by a Shasta County probation officer summarized the underlying facts of the case: in late June 2019, staff at a residential youth group home conducted a room check and confiscated several of K.S.’s cellphone chargers. K.S. did not respond well to the room search and said the residence counselor was going to die. The next day, the counselor heard a smoke detector alarm in a hallway near a bathroom, and later saw the bathroom curtain on fire. During the tumult, K.S. left the group home without permission. A little more than a month later, law enforcement contacted K.S. at her mother’s home, where K.S. admitted that she started the fire to escape from the group home because “if she had stayed there any longer she would have killed herself because nobody would listen to her.” K.S. told an officer that burns observed on her left arm were self-inflicted. The November 2019 dispositional report explained that K.S. shared that she had been cutting herself since she was in sixth grade and she stated she planned to kill herself upon release. The report explained K.S.’s history of suicidal gestures, suicidal and homicidal ideation and multiple psychiatric hospitalizations. A collateral statement portion of the report detailed statements K.S. provided to others that in February 2019, she used a