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Name: People v. Gabriel
Case #: H035329
Opinion Date: 11/04/2010
Court: CA Court of Appeal
District 6 DCA
Citation: 189 Cal.App.4th 1070

A probation condition prohibiting a probationer from associating with people he suspects to be gang members, drug dealers, or on probation or parole is unconstitutionally vague. Appellant challenged a probation condition ordering him to “not associate with any individuals you know or suspect to be gang members, drug users, or on any form of probation or parole supervision.” The court agreed the condition was unconstitutionally vague. The use of the word “suspect” does not give appellant adequate notice of what is expected of him when he lacks actual knowledge that an individual is a gang member, drug user, probationer, or parolee. The court struck the offensive word and modified the condition to require actual knowledge. It also modified two other probation conditions to reflect what was orally pronounced by the trial court, and not what was paraphrased by the clerk.