Mike Hamblett writes for the New York Law Journal in an article carried by Law.com:
2nd Circuit Approves Post-Release Use of Polygraph
Mark Hamblett
New York Law Journal
05-04-2006
Polygraph examinations for defendants being monitored by probation officials can be used to determine compliance with the terms of their supervised release, the 2nd U.S. Circuit Court of Appeals has ruled.Deciding the issue for the first time, the circuit said a polygraph meets the test for federal sentencing policy — that the “conditions of supervised release impose no greater restraint than reasonably necessary to promote sentencing goals.”
In United States v. Johnson, 04-4992, the court also found that the use of a polygraph on a convicted sex offender does not violate the Fifth Amendment right against self-discrimination.
Judges Dennis Jacobs, Jose Cabranes and Robert Sack ruled for the circuit, with Judge Jacobs writing for the panel.
The appeal was filed by Jeffrey A. Johnson, a convicted sex offender who was challenging the terms of his supervised release imposed by Northern District of New York Judge Thomas McAvoy.