Is a probationer's right to travel and freedom of association a constitutional entitlement?

California, United States of America


The following excerpt is from People v. Valery, A148965 (Cal. App. 2019):

"If a probation condition serves to rehabilitate and protect public safety, the condition may 'impinge upon a constitutional right otherwise enjoyed by the probationer, who is "not entitled to the same degree of constitutional protection as other citizens." ' " (People v. O'Neil (2008) 165 Cal.App.4th 1351, 1355.) The right to travel and freedom of association are undoubtedly "constitutional entitlements." (People v. Bauer (1989) 211 Cal.App.3d 937, 944.) "[W]here an otherwise valid condition of probation impinges on constitutional rights, such conditions must be carefully tailored, ' "reasonably related to the compelling state interest in reformation and rehabilitation . . . ." ' " (Id. at p. 942.)

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