What is the test for a probation condition that imposes limitations on a person's constitutional rights?

California, United States of America


The following excerpt is from People v. N.A. (In re N.A.), B289824, B291251 (Cal. App. 2019):

To the extent appellant claims this probation condition infringes on his constitutional rights, he has forfeited such a claim. Appellant merely states the general proposition that a probation condition that imposes limitations on a person's constitutional rights must be closely tailored to the purpose of the condition. He does not identify the specific rights he claims are being infringed, or explain how the condition should or could be more narrowly tailored. "In order to demonstrate error, an appellant must supply the reviewing court with some cogent argument supported by legal analysis and citation to the record." (City of Santa Maria v. Adam (2012) 211 Cal.App.4th 266, 286-287.) We are not required to make arguments for appellant "nor are we obliged to speculate about which issues counsel intend[ed] to raise." (Opdyk v. California Horse Racing Bd. (1995) 34 Cal.App.4th 1826, 1830-1831, fn. 4.)

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