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California Court decision on freedom of association

In re DAVID A. ENGLEBRECHT, JR., on Habeas Corpus. 

No. D030992 

In the Court of Appeal of the State of California 

Fourth Appellate District 

Division One 

(San Diego County Super. Ct. No. N76652) 

PETITION for writ of habeas corpus following contempt finding by
Superior Court of San Diego County for willfully violating two
provisions of a preliminary injunction. John S. Einhorn, Judge.
Petition granted in part and denied in part. 

 Steven J. Carroll, Public Defender and DawnElla Gilzean, Deputy
Public Defender, for Petitioner. 

 Paul J. Pfingst, District Attorney, Thomas F. McArdle and Anthony
Lovett, Deputy District Attorneys, for Respondent. 

Filed October 26, 1998 

 In this proceeding, we are asked to decide the constitutionality of
two provisions of a preliminary injunction, which prohibit: 

 " Standing, sitting, walking, driving, bicycling, gathering or
appearing anywhere in public view with any other defendant herein, or
with any other known Posole [gang] member" and 

 " Using or possessing pagers or beepers in any public place." 

 We find the non-association provision is constitutional, but the
restriction on pagers and beepers is not. 

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