Does the Attorney General have the authority to review a defendant's Fifth Amendment challenge to his probation condition regarding polygraph tests?

California, United States of America


The following excerpt is from People v. Friday, 170 Cal.Rptr.3d 38 (Cal. App. 2014):

3 The Attorney General contends that defendant's Fifth Amendment challenge to the probation condition is not ripe for review, since "there is no evidence that [defendant] has been asked any polygraph questions that call for answers that would or could incriminate him in a pending or future criminal prosecution." However, defendant is bringing a facial challenge, which does not require him to show that the condition has yet been enforced. (See Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084, 40 Cal.Rptr.2d 402, 892 P.2d 1145 ["A facial challenge to the constitutional validity of a statute or ordinance considers only the text of the measure itself, not its application to the particular circumstances of an individual."].)

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