Legal Opinion · Dissent

People v. Salcido

California Court of Appeal, 5th District

Decided May 2, 2019No. E067578Published

1Dissent

RAPHAEL, J., Concurring and Dissenting.

*868Can the State subject a probationer whose crime did not involve computers or the internet to warrantless, suspicionless searches of her cell phone and other electronic storage devices? Because United States Supreme Court precedent suggests that the Fourth Amendment requires reasonable suspicion for such searches, I dissent from Section IV of today's opinion. I join the other sections.

I

The majority recognizes that "[t]here is no evidence that defendant's crimes involved computers or the internet." (Maj. opn., ante , at p. 26.) Nevertheless, the majority…

2Cases cited16 opinions

  1. Kyllo v. United StatesSupreme Court of the United States · 2001
  2. Griffin v. WisconsinSupreme Court of the United States · 1987
  3. United States v. KnightsSupreme Court of the United States · 2001
  4. Riley v. Cal. United StatesSupreme Court of the United States · 2014
  5. Carpenter v. United StatesSupreme Court of the United States · 2018

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