What is the effect of probation condition 17 of the Probation Guidelines on alcohol possession?

California, United States of America


The following excerpt is from People v. Salazar, 2d Crim. No. B291149 (Cal. App. 2019):

When viewed in context and with common sense, condition 17 sufficiently conveys to Salazar that he cannot knowingly and personally possess alcohol or frequent places, such as bars, where the sale of alcohol is the principal business. (See People v. Hall (2017) 2 Cal.5th 494, 497-498 [recognizing that probation conditions barring the possession of illegal drugs include an implicit requirement of knowing possession].) At sentencing, the court made clear that Salazar was not to "be in places where the sale of alcohol is the primary business, that includes bars." Contrary to Salazar's claim, a reasonable and objective reader would not construe this condition to apply to "a

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bowling alley, pool hall, . . . football stadium," "convenience stores," or "bar-and-restaurant facilities."

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