California Court of Appeal

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People v. Friday, H039404

Following defendant's plea of no contest to possession of child pornography, the imposition of a term of probation on defendant with various probation conditions pursuant to Penal Code section 1203.067 is: 1) reversed in part, where the condition requiring a waiver of the privilege against self-incrimination is prohibited by the Fifth Amendment under Minnesota v. Murphy (1984) 465 U.S. 420; but 2) affirmed in part, where the waiver of the psychotherapist-patient privilege is construed as requiring waiver only insofar as necessary to enable communication between the probation officer and the psychotherapist, and the waiver as construed in this fashion is not overbroad in violation of defendant’s constitutional right to privacy; and 3) modified in part, to include a scienter requirement in the remaining probation conditions.

Appellate Information

  • Decided 03/27/2014
  • Published 03/27/2014

Judges

  • MÁRQUEZ

Court

  • California Court of Appeal

Counsel