Is a probation condition that restricts a probationer's exercise of his or her constitutional rights permissible?

California, United States of America


The following excerpt is from People v. Daniels, H041386 (Cal. App. 2015):

A probation condition that restricts a probationer's exercise of his or her constitutional rights is permissible if " ' "necessary to serve the dual purpose of rehabilitation and public safety." ' " (People v. Peck (1996) 52 Cal.App.4th 351, 362.) "However, probation conditions that restrict constitutional rights must be carefully tailored and 'reasonably related to the compelling state interest' in reforming and rehabilitating the defendant. [Citations.]" (People v. Jungers (2005) 127 Cal.App.4th 698, 704.)

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