Is the requirement that a defendant submit to polygraph examinations unconstitutional under the Fifth Amendment?

California, United States of America


The following excerpt is from People v. Pereira, H040159 (Cal. App. 2015):

Defendant contends that if the requirement that he submit to polygraph examinations is not unconstitutional under the Fifth Amendment, it must be stricken under Lent, supra, 15 Cal.3d 481. He frames his claim as ineffective assistance of counsel based on trial counsel's failure to object specifically on reasonableness grounds. We conclude that trial counsel's objection on overbreadth grounds was sufficient to preserve defendant's claim. But we also conclude that trial counsel's conduct did not constitute deficient performance because the polygraph requirement, when properly construed, is reasonable under Lent and Brown v. Superior Court (2002) 101 Cal.App.4th 313, 320 (Brown).

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