In re Terry W.
Following a contested jurisdictional hearing, Terry W., a minor, was found to have committed attempted burglary and vandalism and was placed on informal probation. One condition of probation, No. 9(l), was that minor [n]ot associate with persons who you know or whom the Probation Officer informs you are users or sellers of illegal drugs, including marijuana, or be in places where such substances are present.
The minor contends this condition is unconstitutionally overbroad because it fails to limit his exclusion to places where he knows that illegal substances are present. He requests that we so modify the condition to include this knowledge requirement. The People argue the knowledge requirement is implied in the condition and, therefore, no modification is necessary. Court agree with the minor and shall modify the condition accordingly.
Comments on In re Terry W.