Probation condition imposing curfew is invalid under People v. Lent (1975) 15 Cal.3d 481. Nassetta pleaded no contest to drug possession and driving under the influence and was placed on probation. One of the conditions of his probation was a curfew from 10:00 p.m. to 6:00 a.m. Nassetta appealed, arguing that the condition was invalid under Lent. Held: Condition stricken. A probation condition is invalid under Lent if it “(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality.” All three Lent prongs were satisfied here. While Nassetta was pulled over at night, that fact “does not demonstrate a relationship between the curfew condition and the offenses he committed and the Attorney General does not argue otherwise.” Second, the condition does not relate to conduct which is itself criminal because it is not a crime for an adult to be outside between 10:00 p.m. and 6:00 a.m. Finally, the curfew condition is not reasonably related to future criminality because Nassetta “could be out at night as a pedestrian, a passenger in a car, or on public transportation and pose no risk of committing a DUI. Nothing in the record suggests Nassetta is more likely to use drugs at night or is more likely to drive while under the influence at night.” While other states have upheld curfew conditions on adults, the Court of Appeal found their analysis unpersuasive. Accordingly, the condition was stricken.
The full opinion is available on the court’s website here: The full opinion is available on the courts website here: http://www.courts.ca.gov/opinions/documents/A144049.PDF