In re R.R. CA6

Filed 9/24/20 In re R.R. CA6 Inadvertently not posted on 9/24/20 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re R.R., a Person Coming Under the H047519 Juvenile Court Law. (Monterey County Super. Ct. No. 19JV000855)

THE PEOPLE,

Plaintiff and Respondent,

v.

R.R.,

Defendant and Appellant.

The minor, R.R., admitted to aiding and abetting the commission of the substantive offense of active participation in a criminal street gang. The juvenile court declared him a ward and placed him on probation. On appeal from the dispositional order, the minor challenges two of his probation conditions—one requiring him to submit to warrantless searches of his electronic devices and one requiring him to complete a drug and alcohol class—as unreasonable. He also asserts an overbreadth challenge to the electronic search condition. We will reverse the dispositional order and remand the matter to the juvenile court with instructions to strike the electronic search condition and to consider whether to impose a more tailored condition consistent with the principles articulated in In re Ricardo P. (2019) 7 Cal.5th 1113 (Ricardo P.).

I. BACKGROUND We take the facts from the probation report. After school on September 18, 2019, the minor—an eighth grader—and three of his friends got into a fight with two seventh graders. One of the minor’s friends (A.E.) called the victims “scraps” during the fight. “Scrap” is a derogatory term Norteño gang members use to refer to Sureño gang members. (People v. Prunty (2015) 62 Cal.4th 59, 68.) The minor and his three friends were arrested. Another of the minor’s friends (S.M.) indicated that he affiliates with a Norteño subset when he was booked into juvenile hall. In September 2019, the Monterey County District Attorney filed a petition under Welfare and Institutions Code section 602, subdivision (a) alleging that the minor had committed assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4);1 count 1) and the substantive offense of active participation in a criminal street gang (§ 186.22, subd. (a); count 2). The petition alleged that the minor committed the assault for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). On October 10, 2019, the minor admitted that he aided and abetted the commission of the substantive offense of active participation in a criminal street gang. The juvenile court determined the offense to be a felony. At a dispositional hearing on November 1, 2019, the court declared the minor a ward of the juvenile court, placed him on probation, and ordered him to serve 17 days in juvenile hall with credit for 17 days served. The court imposed various probation conditions, including two conditions to which the minor’s counsel objected. The first objected-to condition requires the minor to “[s]ubmit all electronic devices under [his] control to a search by the probation officer or a peace officer, of any text messages,