People v. Wiseman CA2/6

Filed 1/19/21 P. v. Wiseman CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B299637 (Super. Ct. No. 18CR06306) Plaintiff and Respondent, (Santa Barbara County)

v.

RICHARD WISEMAN,

Defendant and Appellant.

Richard Wiseman pled guilty to stalking (Pen. Code § 646.9, subd. (b)), inflicting corporal injury on former dating partner (§ 273.5, subd. (a)), and misdemeanor dissuading a witness (§ 136.1, subd. (b)(1)). The trial court placed Wiseman on probation subject to various terms and conditions including that he serve one year in county jail. Wiseman challenges a condition of probation that he allow a warrantless search of all his electronic devices. We hold the condition is not overbroad. We affirm.

FACTS1 Wiseman and P.H. had been in a three-year relationship. Wiseman was often abusive. On December 17, 2017, Wiseman became upset with her while they were shopping for groceries. He attacked her in the car returning to the hotel where she was staying. Inside P.H.’s hotel room, Wiseman accused her of being unfaithful. He threw her against the wall, slammed her head into the door frame, and thrust his thumb and forefinger down her throat. He held her on the bed, wrapped a scarf around her neck, and strangled her with it. She thought he was trying to kill her. She managed to push him off. He left when she started to scream. After the assault, Wiseman sent P.H. text messages. The messages referenced the assault. In one of the messages, he sent her current address in an attempt to intimidate her. In other messages, he threatened to assault her physically and sexually. In February 2018, Wiseman visited P.H. in the middle of the night. She allowed him in. After talking with him, she told him to leave. He attacked her again before leaving. Probation Condition One of the conditions of Wiseman’s probation is: “You are subject to search and seizure of all personal electronic devices for electronic communication information and must submit to search of all computers, hard drives, flash drives, thumb drives, disks, removable media, computer networks, electronic data storage devices, personal digital assistants, cell phones, smart phones, i-Pads, Notebooks, Chromebooks, electronic gaming consoles, and