Can a probationer's right of association be restricted as a condition of his probation?

California, United States of America


The following excerpt is from People v. Gonsalves, A159031 (Cal. App. 2021):

The right of association is constitutional but may be restricted if reasonably necessary to accomplish the essential needs of the state and public order.' [Citations.] Such restrictions are part of the nature of the criminal process.' (People v. Lopez (1998) 66 Cal.App.4th 615, 627-628 (Lopez).) Trial courts have broad discretion to set conditions of probation in order to foster rehabilitation and to protect public safety pursuant to... section 1203.1. [Citations.] If it serves these dual purposes, a probation condition may impinge upon a constitutional right otherwise enjoyed by the probationer, who is not entitled to the same degree of constitutional protection as other citizens.' (Lopez, at p. 624.)

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