The People v. Welbers CA6

DISCUSSION

Defendant argues that the weapons condition and the burglary-tools condition are unconstitutionally vague and overbroad because they do not include knowledge requirements. Defendant accordingly requests that we modify each condition to impose a knowledge requirement. The People contend that we should decline to modify the conditions and simply construe the conditions to include knowledge requirements, as the Third Appellate District did in People v. Patel (2011) 196 Cal.App.4th 956 (Patel). The People concede that, if we do not follow the Patel approach, express knowledge requirements should be added to the conditions. As explained below, we will modify each condition to impose a knowledge requirement. “A probation condition ‘must be sufficiently precise for the probationer to know what is required of him, and for the court to determine whether the condition has been violated,’ if it is to withstand a challenge on the ground of vagueness. [Citation.] A probation condition that imposes limitations on a person’s constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad.…