US v Lara has significant implications for probation departments in California.
It has been suggested that, by using very specific terms and conditions related to digital search and seizure, probation departments can continue to conduct both ethical and effective supervision which is consistent with the findings opined by the 9th Circuit Court of Appeals.
We call this a "Digital Information Search Clause" and many probation departments are now utilizing such language to ensure defendants clearly understand which devices and data are subject to search or seizure while on probation supervision.
This clause specifically identifies exactly which devices, processes, and data is subject to search, investigation, and seizure as a result of waiving their 4th amendment rights related to warrant-less searches and probation supervision PRIOR to adjudication. It can also be added to existing terms and conditions via a modification petition to the court.
Both the defendants and probation must understand that the 4th waiver, as it relates to digital information is quite sweeping. Digital information now permeates almost every aspect of our daily lives. The defendant can then make clearly informed decisions as to whether or not to accept a plea deal or agree to probation supervision in lieu of incarceration or supervision on parole by CDC.
Sample terms can be provided to authorized agency representatives Contact US.
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