Can a failed poly issue a search warrant? (california parole)

Started by applesauce89, Jul 08, 2023, 03:40 AM

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applesauce89

I know they have warrantless search of my area and common areas. My roommate has drugs / sex toys but keeps her area locked, is her personal area, and i have no access. im afraid of getting a false positive, and being violated for her things.

George W. Maschke

I am not a lawyer and don't know the answer to your question for sure, but I have never heard of any California judge ever authorizing a search warrant based on polygraph results.

With respect to the risk of getting a false positive during mandatory post-conviction polygraph screening, see our free book, The Lie Behind the Lie Detector (especially chapters 3 & 4) for suggestions on how to mitigate that risk.
George W. Maschke
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Phoenix

"I know they have warrantless search of my area and common areas. My roommate has drugs / sex toys but keeps her area locked, is her personal area, and i have no access. im afraid of getting a false positive, and being violated for her things."

It depends on your release of conditions.  If your conditions specify no sexual materials even though it's not your per se.  You P.O. can still make a big deal out of it to the judge.  Also if you tell the polygrapher that this is going on most likely they will tell you to move and P.O. can ask your judge for a search warrant.   Remember they cannot move your things but they can search by a line of sight! 

The polygraph is a lie so don't fall for it.  Understand it's a mind game as far as you know you roommate as nothing to do with you.   When they ask relevant questions that make you nervous count after answering the questions.  I just keep counting untill the next question.  This will occupy your mind and lower your nervousness.      

Understand though don't admit you know she has drugs, it's none of your business!   P.O.  has to show that you knew and admitting it during a polygraph recording, they can get you and hit you with a violation depending on your conditions of release. 

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