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Name: In re Adrian R.
Case #: H022999
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/22/2002
Subsequent History: Rev. granted 1/22/03: S111812

The court upheld the gang registration statute (Pen. Code, sec. 186.22, subd.(d)) against constitutional challenges based on the single subject rule and the vagueness of the term “gang-related” crimes. The court saved the statute from constitutional infirmity by narrowly interpreting the registration requirement to permit law enforcement to ask only for identifying or location information. Otherwise, the statute would violate the right against self-incrimination. The court also rejected challenges that the registration requirement violated the right to due process, privacy, free speech, association and counsel, or protections against unreasonable search and seizure and cruel and unusual punishment.