Cases holding that place restrictions on the Drug Court participant are constitutional, when reasonably related to rehabilitative needs
Cases
State v. Klie
State v. Klie, 174 P.3d 358 (Hawaii 2007)
Supporting a prohibition against entering Waikiki area.
People v. Rizzo
People v. Rizzo, 842 N.E.2d 727, 727 (Ill. App. Ct. 2005)
Factors often used in determining whether the restriction is reasonable include whether the defendant has a compelling need to go through/to the area; a mechanism for supervised entry into the area; the geographic size of the restricted area, and the relationship between the restriction and the rehabilitation needs of the offender.
State v. Wright
State v. Wright, 739 N.E.2d 1172, 1172 (Ohio Ct. App. 2000)
Reversing prohibition of entering any place where alcohol is distributed, served, consumed, given away, or sold because it restricted the defendant from grocery stores and the vast majority of all residences.
Johnson v. State
Johnson v. State, 547 So. 2d 1048, 1048 (Fla. Dist. Ct. App. 1989)
Prohibiting defendant from being near high drug areas.
People v. Pickens
People v. Pickens, 542 N.E.2d 1253, 1253 (Ill. App. Ct. 1989)
Prohibition against entering town of Champaign, Ill. reasonably related to rehabilitation.
People v. Beach
People v. Beach, 195 Cal. Rptr. 381, 385 (Cal. Ct. App. 1983)
Holding unconstitutional defendant’s banishment from the community where she has lived for the last 24 years.
Oyoghok v. Municipality of Anchorage
Oyoghok v. Municipality of Anchorage, 641 P.2d 1267, 1267 (Alaska Ct. App. 1982)
Conditioning probation on not being within a two block radius in an area where red light area existed.
State v. Morgan
State v. Morgan, 389 So. 2d 364, 364 (La. 1980)
Prohibiting entrance into the French Quarter.