Legal Opinion · Concurring in part, dissenting in part

People v. Valdivia

California Court of Appeal, 5th District

Decided November 8, 2017No. C082622Published

1Concurring in part, dissenting in partMurray, J.

Regarding electronic search conditions, one size may fit many, but one size does not fit all. Here, the prosecution sought and obtained an overbroad electronic search condition based on a boilerplate presentation to the trial court without regard to the specific circumstances of this case or defendant's history, or any apparent consideration of the privacy interests of the victim or other third parties, or the potential negative impact on defendant's rehabilitation and reformation. One size does not fit all.

I agree with the majority's conclusion that defendant's challenge to the electronic…

2Cases cited30 opinions

  1. United States v. KnightsSupreme Court of the United States · 2001
  2. Riley v. Cal. United StatesSupreme Court of the United States · 2014
  3. People v. WilliamsCalifornia Supreme Court · 1998
  4. People v. LentCalifornia Supreme Court · 1975
  5. Hill v. National Collegiate Athletic Assn.California Supreme Court · 1994

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