P. v. Gamboa
Pursuant to a plea agreement, defendant pleaded guilty to discharge of a firearm with gross negligence (Pen. Code, 246.3) and assault with a deadly weapon by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)). In return, defendant was sentenced to 120 days in county jail and placed on probation for a period of three years on various terms and conditions. On appeal, defendant contends (1) the probation condition requiring him to submit to and cooperate in field interrogations infringes upon his Fifth Amendment constitutional privilege against self-incrimination and is unconstitutionally vague; (2) the probation condition requiring him to submit to a search and seizure of his person, residence, and/or property under his control at any time of the day or night by any law enforcement officer, with or without a search warrant and with or without cause, is unconstitutionally overbroad; and (3) the probation condition requiring him to keep the probation officer informed of whether he owns any pets is unconstitutionally overbroad. Court reject these contentions and affirm the judgment.
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