Does the word "adjacent" in the California Penal Code apply to a probation condition that prohibits the possession of a firearm within or adjacent to a prison?

California, United States of America


The following excerpt is from People v. S. S., H035908, Santa Clara County Super. Ct. No. JV36914 (Cal. App. 2011):

There is no dispute that the right of intrastate travel is protected by the California Constitution. (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1100.)

4. Our determination concerning use of the word "adjacent" is limited to the probation condition at issue in this case, and we do not intend to suggest that use of that word in other contexts, including penal statutes, renders those other provisions unconstitutionally vague. (See, e.g., People v. Seale (1969) 274 Cal.App.2d 107, 115 [holding that section 4574, which prohibits bringing deadly weapons without authorization into any institution housing prisoners or "within the grounds belonging or adjacent to any such institution," is not vague].)

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