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Certain Certiorari: The Digital Privacy Rights of Probationers

open access: yesSSRN Electronic Journal, 2017
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 the cases, I feel positioned to comment on this hot topic within criminal law.
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