Does a probation condition prohibiting the possession and consumption of alcohol need to be interpreted as requiring the probationer to have taken the action knowingly?

California, United States of America


The following excerpt is from People v. Miller, H040879 (Cal. App. 2016):

In People v. Patel (2011) 196 Cal.App.4th 956, which involved a probation condition prohibiting the possession and consumption of alcohol (id. at p. 961), the Third District resolved to prospectively construe "every probation condition proscribing a probationer's presence, possession, association, or similar action to require the action be undertaken knowingly." (Id. at p. 960; our italics.) Other district courts have continued to evaluate probation conditions on a case-by-case basis.

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