Does a probation condition that imposes limitations on a person's constitutional rights need to be closely tailored to the purpose of the probation condition?

California, United States of America


The following excerpt is from The People v. J.G, H035103, No. JV36511 (Cal. App. 2010):

In addition, "[a] probation condition that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad. [Citation.]" (Id. at p. 890.) "Uncertain meanings inevitably lead citizens to 'steer far wider of the unlawful zone... than if the boundaries of the forbidden areas were clearly marked.' " (Grayned v. City of Rockford (1972) 408 U.S. 104, 109 [92 S.Ct. 2294], fn. omitted.) On the other hand, "[c]ondemned to the use of words, we can never expect mathematical certainty from our language." (Id. at p. 110, fn. omitted.)

2. Gang A ctivity and A reas of Gang-Related Activity

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