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50 Conn. L. Rev. Online 1 (2017-2018)

handle is hein.journals/conntemp50 and id is 1 raw text is: 










                   CONNECTICUT

                   LAW REVIEW

VOLUME  50                  ONLINE                    FALL 2017


                              Essay

                       Certain  Certiorari:
           The Digital Privacy  Rights of Probationers

                          DANIEL YEAGER
                     EARL WARREN   PROFESSOR
               CALIFORNIA  WESTERN  SCHOOL  OF LAW


    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.


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