Does a probation officer have the authority to restrict a defendant's choice of home?

California, United States of America


The following excerpt is from People v. Matthews, E052977 (Cal. App. 2012):

Moreover, the conditions do not encourage arbitrary or discriminatory enforcement. They do not authorize the probation officer to irrationally withhold approval of defendant's choice of a home or to deny her any home at all. Since the court itself has no power to impose unreasonable conditions, it cannot endow the probation officer with power to do so. (People v. Kwizera, supra, 78 Cal.App.4th at pp. 1240-1241.) The court gave the probation department authority to approve defendant's residence, which basically means to closely supervise her and to evaluate whether the home is likely to be used in future criminality. (Olguin, supra, 45 Cal.4th at p. 379.)

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