California, United States of America
The following excerpt is from People v. R.S. (In re R.S.), 11 Cal.App.5th 239, 219 Cal.Rptr.3d 665 (Cal. App. 2017):
R.S. next argues the search condition is unconstitutionally overbroad. "A probation condition may be overbroad if in its reach it prohibits constitutionally protected conduct." (People v. Freitas (2009) 179 Cal.App.4th 747, 750, 102 Cal.Rptr.3d 51.) The essential question in an overbreadth challenge "is the closeness of the fit between the legitimate purpose of the restriction and the burden it imposes on the defendant's constitutional rightsbearing in mind, of course, that perfection in such matters is impossible, and that practical necessity will justify some infringement." (In re E.O. (2010) 188 Cal.App.4th 1149, 1153, 115 Cal.Rptr.3d 869.)
[11 Cal.App.5th 247]
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