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Name: People v. Freitas
Case #: C060280
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/23/2009

Probation conditions regarding weapons and stolen property are unconstitutional where they do not contain a knowledge requirement. Following a conviction for grand theft, Freitas appealed from a probation condition which ordered him not to own any firearms, ammunition, or stolen property. He contended that the conditions were void for vagueness and overbreadth because they did not require personal knowledge on his part. The appellate court agreed and modified the probation conditions to state that appellant must not knowingly own or possess property he knows is stolen or knowingly possess firearms. To avoid being void for vagueness, the condition must be sufficiently precise for the probationer to know what is expected of him.