Thursday, June 11, 2009

CA Court: The State Cannot Banish a US Citizen

The California Appellate Report reports that, in Alex O. v. Superior Court, Justice Benke in an opinion for the court ruled that it is unconstitutional for a court to tell a U.S. citizen who lives in Mexico that, as a condition of probation, he cannot come to the U.S. except to attend school, work, or visit his family. The court further ruled that it is permissible to require the probationer to inform his probation officer in advance whenever he's planning to cross the border.

Hat tip to Cappy White!


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