Is a probation condition valid under the Fifth Amendment?

Section 1203.1 provides that in granting probation, the court may impose any and all conditions that it determines are "fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer, . . ." ( 1203.1, subd. (j).) The trial court has "broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) "The trial court's discretion, although broad, nevertheless is not

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without limits: a condition of probation must serve a purpose specified in the statute. In addition, we have interpreted Penal Code section 1203.1 to require that probation conditions which regulate conduct 'not itself criminal' be 'reasonably related to the crime of which the defendant was convicted or to future criminality.' [Citation.]" (Id. at p. 1121.) Accordingly, a probation condition "will not be held invalid unless it '(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality . . . .' [Citation.]" (People v. Lent (1975) 15 Cal.3d 481, 486, fn. omitted.) A probation condition is valid under the Fifth Amendment unless there is a reasonable basis for concluding an impermissible penalty has been attached to the exercise of the privilege. (Minnesota v. Murphy (1984) 465 U.S. 420, 436-437.) Minnesota v. Murphy sets forth the rule that the Fifth Amendment privilege is not lost when a person is granted probation. Specifically, a state cannot "constitutionally carry out a threat to revoke probation for the legitimate exercise of the Fifth Amendment privilege." (Id. at p. 438.)