In re Nicholas P.
Nicholas P., a minor, admitted maliciously removing a wireless communication device with the intent to prevent the use of the device for summoning assistance (Pen. Code, 591.5) and was placed on six months informal probation in the home of his guardian pursuant to Welfare and Institutions Code section 725, subdivision (a).
Conditions of probation imposed by the court included his being subject to testing for the presence of drugs, submitting to search and seizure at any time without a warrant or consent, and not being present in a place where illegal drugs are present.
On appeal, the minor contends (1) the juvenile court abused its discretion when it imposed, over his objection, the drug testing and search and seizure conditions because they were unrelated to the offense he admitted, and (2) the prohibition against being in a location where illegal drugs are present was constitutionally vague in that it failed to include the requirement that he know of the presence of the illegal drugs. Court reject the minors first contention, but agree with him as to the second. Accordingly, Court amend the latter probation condition to include a knowledge requirement.
Comments on In re Nicholas P.