Thursday, August 11, 2016

Ban from Home Depot for Shoplifting Does Not Violate Right to Travel

After shoplifting from Home Depot, a court imposed ban from visiting the store was determined to be constitutional because it did not violate a person’s right to travel

People v. Moran, 2016 BL 252329, Cal., No. S215914, 8/4/16.

    The California Supreme Court ruled that as a condition of a convicted burglar’s probation, a court can impose a complete ban from a store’s property throughout the state without violating the right to travel. After robbing a Home Depot and being placed on probation, the defendant argued that the prohibition was to expansive and violated his right to travel. The court disagreed and held that “He was not, after all, prohibited from entering all retail establishments nor even all home improvement, hardware, or big box stores. The condition simply prevented him from entering the stores (and adjacent parking lots) of the company he victimized.”

http://www.bloomberglaw.com/public/document/People_v_Moran_No_S215914_2016_BL_252329_Cal_Aug_04_2016_Court_Op.

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