Is a section of the California Probation Code that prohibits the possession of a firearm and a quantity of illegal drugs sufficient to cause a violation of a probation condition?

California, United States of America


The following excerpt is from People v. Yip, A147079 (Cal. App. 2017):

"Given this legal backdrop, we conclude that the firearms and narcotics conditions are not unconstitutionally vague. California case law already articulates not only a general presumption that a violation of a probation condition must be willful, but also specifically provides that probation conditions barring possession of contraband should be construed to require knowledge of its presence and its restricted nature. [Citation.] The requisite scienter for these probation conditions is thus easily ascertainable by reference to ' "other definable sources" ' that make sufficiently clear the conditions' scope." (People v. Hall, supra, [2017 WL 527563 *2-3].)

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