Does a probation condition prohibit a defendant from knowingly being in any building or vehicle where there is a dangerous or deadly weapon or near anyone who possesses such a weapon?

California, United States of America


The following excerpt is from People v. Angeles (In re Angeles), C072607 (Cal. App. 2014):

As defendant argues, the probation condition prohibits defendant from knowingly being in any building or vehicle where there is a dangerous or deadly weapon or near anyone who possesses such a weapon. This condition would prevent defendant from being at a police station, in a courthouse, or in many other places where someone legitimately and legally possesses a dangerous or deadly weapon. It would even prohibit defendant from meeting with a probation officer if that officer was armed. This is an untenable and unconstitutional burden on defendant's right to travel and to associate with others and is not aimed with any precision at the evil to be prevented. (People v. Leon, supra, 181 Cal.App.4th at p. 951.)

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