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Name: People v. Sanchez
Case #: H023635
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/31/2003
Subsequent History: Rehg. denied 2/27/03. Petition ordered withdrawn 4/2/03.
Summary

The Sixth District Court of Appeal finds Penal Code section 186.32, subdivision (a)(2)(C), the gang registration law requiring that the probationer disclose “any information that may be required by the law enforcement agency,” is unconstitutionally vague as applied. Here the Gilroy Police Department gang registration form required disclosure of “Areas frequented by gang/territory” and “Aliases/gang monikers.” Appellant wanted his attorney present when he filled out the form which the police denied. Appellant refused to complete the form and sought a court order. The superior court ordered the wording changed to, “Areas frequented by Mr. Sanchez,” and “Aliases and/or gang monikers.” He appealed this order. The court here found the language “areas frequented” was impermissibly vague and struck that condition. But, the court found that the term “moniker” does not infringe a Fifth Amendment right to remain silent; it is consistent with the purpose of the registration requirement. Nor was the denial of counsel’s presence during the registration proceedings a denial of right to counsel. The registration process is not custodial interrogation that triggers a Fifth Amendment right to counsel.