If a probationer is in possession of a firearm, can the probationer be found to have no knowledge of the weapon?

California, United States of America


The following excerpt is from People v. Rayford, A141455 (Cal. App. 2015):

In addition, we agree with appellant that the probation condition should be modified to include a knowledge requirement. In so concluding, we acknowledge that some courts have found an express knowledge requirement is unnecessary as it is implicit in every probation condition because in order to find a violation, the probationer must have willfully violated the probation condition. (People v. Moore, supra, 211

Page 4

Cal.App.4th at pp. 1186-1187 [if a probationer lacks knowledge that he is in possession of weapon, his possession cannot be considered a willful probation violation]; People v. Patel (2011) 196 Cal.App.4th 956, 960-961 [construing "every probation condition proscribing a probationer's presence, possession, association, or similar action to require the action be undertaken knowingly"].)

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