People v. Beaumont CA4/2

FACTS

While probation officers were conducting a probation check of defendant’s “mate”

at defendant’s address, they found in defendant’s bedroom a gun safe, which defendant

admitted belonged to him. The gun safe contained firearms he received from his

grandfather, including a short-barreled rifle or shotgun.

DISCUSSION

At the hearing on modification of probation terms, defendant objected to the

addition of several new terms. He now appeals the following conditions:

1) Term 011A: “Neither use nor possess any controlled substance unless prescribed to

you by a medical professional. Medical documentation is to be given to the Probation

Officer.”

2) Term 013: Do “[n]ot possess any type of drug paraphernalia as defined in . . . H&S

11364.5(d) . . . .”

3) Term 012AA: “Submit to a controlled substance test at the direction of the Probation

Officer, Court or any peace officer. Each test is subject to a fee ….”

2 4) Term 008F: “Permit visits and searches of places of residence by agents of the

Probation Department and/or law enforcement for the purpose of ensuring compliance

with the terms and conditions of probation; not do anything to interfere with this

requirement, or…