Is a probation condition that prohibits a probationee from associating with users and sellers of narcotics, felons and ex-felons unconstitutional?

California, United States of America


The following excerpt is from People v. Howell, No. F057440 (Cal. App. 4/6/2010), No. F057440. (Cal. App. 2010):

In People v. Garcia (1993) 19 Cal.App.4th 97, the appellant asserted that the probation condition that prohibited him from associating with users and sellers of narcotics, felons and ex-felons unconstitutionally impinged upon his right to freedom of association. The appellant contended the condition should have been narrowly drawn and limited to persons known to him as being users or sellers of narcotics or felons or ex-felons. (Id. at p. 102.) The appellate court agreed, stating that the knowledge factor must not be left to implication. (Ibid.)

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