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Name: In re Daniel R.
Case #: D047906
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/24/2006

The minor appealed from a dispositional order which imposed a probation condition absolutely prohibiting travel to Mexico. The minor contended that the condition was unconstitutionally overbroad and had to be modified to allow travel to Mexico with the permission of the probation officer, while accompanied by his parents. The appellate court agreed and modified the condition. Since the condition does not forbid conduct which was criminal, it must either be reasonably related to the crime or for the purpose of deterring future criminality. Here, the condition was not related to the minor’s offenses, nor did the minor have any criminal ties to or history of criminal conduct in Mexico. Modification of the order will reasonably accommodate any appropriate travel requests with appropriate restrictions without excessively infringing upon his constitutional rights.