People v. Seminario CA4/3

INTRODUCTION

Defendant James Randall Seminario pled guilty to possessing child pornography. As part of his probation, he was required to participate in a treatment program, including periodic polygraph examinations. Defendant challenges this probation condition as requiring the waiver of his constitutional right against self-incrimination, and as overbroad. We reject the challenges. Defendant’s probation conditions specifically noted that the polygraph examination requirement did not constitute a waiver of his right against self-incrimination. Settled law holds required participation in polygraph examinations does not violate the privilege conferred by the Fifth Amendment to the United States Constitution. Polygraph examinations are a necessary part of the state’s containment model for ensuring the public’s safety from sex offenders. The examinations are related to the subject crime and to defendant’s future criminality. We therefore affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant was charged with one count of possessing child pornography, in violation of Penal Code section 311.11, subdivision (a). (All further statutory references are to the Penal Code…