Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement?

California, United States of America


The following excerpt is from People v. West (In re West), A141022 (Cal. App. 2015):

Appellant further argues the probation condition cannot pass constitutional muster without a requirement that he have knowledge of the circumstances that would constitute a violation. In People v. Freitas (2009) 179 Cal.App.4th 747, 752, the defendant posited that absent a knowledge requirement, a probation condition prohibiting possession of firearms or ammunition could result in him being found to have violated probation if he borrowed a car not knowing that the owner's lawfully obtained gun was in the trunk. The Freitas court held that the condition should be modified to specify that it applied to "knowing" possession because "the law has no legitimate interest in punishing an innocent citizen who has no knowledge of the presence of a firearm or ammunition." (Id. at p. 752.)

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