In a recent oral argument, a judge on the California Court of Appeal told me they had "at least 50" pending cases on the constitutionality of probation conditions authorizing suspicionless searches of digital devices. As counsel of record in three of those cases, I feel positioned to comment on this hot topic within criminal law. My intention here is less to reconcile California's cases on suspicionless searches of probationers' digital devices than to locate them within the precedents of the United States Supreme Court, which is bound before long to pick up a case for the same purpose.
Certain Certiorari: The Digital Privacy Rights of Probationers,
Conn. L. Rev. Online
Available at: https://scholarlycommons.law.cwsl.edu/fs/320