Cal.4: GPS monitoring with a search waiver were reasonable conditions of home confinement

GPS monitoring with a search waiver were reasonable conditions of defendant’s home confinement sentence. People v. Gerson, 2022 Cal. App. LEXIS 72 (4th Dist. Jan. 28, 2022).

“Although Defendant complied with Franks by (1) specifically identifying the portion of the warrant affidavit that is claimed to be false; and (2) providing an offer of proof and statement of supporting reasons, he failed to establish, or even allege, that the misstatements were deliberately false or reckless. Franks, 438 U.S. at 155-172. ‘Mere inaccuracies, even negligent ones, are not enough’ to warrant a Franks hearing.” The Franks challenge fails. On the question of consent, the motion essentially admits the search was by consent, so the court takes that at face value. United States v. Cedeño-Olivencia, 2022 U.S. Dist. LEXIS 16126 (D.P.R. Jan. 26, 2022).*

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