Can a probationer be punished for presence, possession, or other actions absent proof of scienter?
California, United States of America
The following excerpt is from People v. Brandon C. (In re Brandon C.), A138960 (Cal. App. 2014):
193 Cal.App.4th [836,] 843-845, and cases cited therein.) '[T]here is now a substantial uncontradicted body of case law establishing, as a matter of law, that a probationer cannot be punished for presence, possession, association, or other actions absent proof of scienter.' (People v. Patel [(2011)] 196 Cal.App.4th [956,] 960.)" (People v. Moore (2012) 211 Cal.App.4th 1179, 1184-1185, fn. omitted.)
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