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In re Frank V.
California Court of Appeal
233 Cal. App. 3d 1232, 285 Cal. Rptr. 16 (1991)
Frank V. (defendant) was a minor when he was arrested for possession of a gun. At the time of the arrest, Frank was in an area known for gang activity and riding a motorcycle that was pulling away from a house also associated with gang activity. Frank said that he bought the gun from someone on the street. The juvenile court convicted Frank and sentenced him to probation. As a condition of probation, Frank was not allowed to associate with anyone that his parents or his probation officer felt was inappropriate. Frank appealed the condition, arguing that it violated his First Amendment right of association by being overbroad. Specifically, Frank argued that the condition gave his parents and probation officer the ability to arbitrarily restrict his right of association.
Rule of Law
Holding and Reasoning (Wallin, J.)
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