Is a probation condition that imposes limitations on a person's constitutional rights an abuse of discretion?

California, United States of America


The following excerpt is from People v. Jefferies-Echols, C071470 (Cal. App. 2014):

We review conditions of probation for abuse of discretion. (People v. Olguin (2008) 45 Cal.4th 375, 379 (Olguin).) " '[A] probation condition that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad.' [Citations.]" (Id. at p. 384.) "On the other hand, we have observed that probation is a privilege and not a right, and that adult probationers, in preference to incarceration, validly may consent to limitations upon their constitutional rightsas, for example, when they agree to warrantless search conditions." (Ibid.)

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