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Name: People v. Olguin
Case #: S149303
Court: CA Supreme Court
District CalSup
Opinion Date: 12/29/2008

A condition of probation requiring a probationer to notify the probation officer before obtaining any pets and to give 24 hours’ written notice prior to any changes is valid as it is reasonably related to the prevention of future criminality. Appellant was convicted of felony driving under the influence and placed on three years supervised probation. As a condition of probation, he was directed to keep the probation officer advised of pets and give written notice to the officer 24 hours prior to any changes. The Supreme Court upheld the condition as being reasonably related to preventing future criminality because it enables the probation officer to effectively supervise the probationer. (People v. Carbajal (1995) 10 Cal.4th 1114.) Advance knowledge of pets reduces the possible threat to the officer’s safety by enabling him to be aware of and prepare for situations that might arise if the officer chooses to conduct an unannounced compliance visit and/or doing a search of the probationer’s premises. Further, reporting the presence of pets is a simple task that imposes no undue burden on the probationer.