Can a probationer be denied a right to exercise his constitutional right if he violates a probation condition?

California, United States of America


The following excerpt is from People v. Fowler, C075425 (Cal. App. 2014):

"Trial courts have broad discretion to set conditions of probation in order to 'foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1.' [Citations.] If it serves these dual purposes, a probation 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.' [Citation.]" (People v. Lopez (1998) 66 Cal.App.4th 615, 624 (Lopez))

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