Does a polygraph test as a condition of supervised release violate the Fifth Amendment?

MultiRegion, United States of America

The following excerpt is from United States v. Boles, 914 F.3d 95 (2nd Cir. 2019):

We are not persuaded, however, as to Boless challenge to the polygraph condition of supervised released. In Johnson , 446 F.3d at 272, we upheld a polygraph condition against a Fifth Amendment challenge, similar to the one at issue here. We held that requiring a defendant to take a polygraph test as a condition of his supervised release does not violate the Fifth Amendment because the defendant retains the right to later challenge any resulting self-incrimination in court. Id. at 280 ; see also Asherman v. Meachum , 957 F.2d 978, 982-83 (2d Cir. 1992) (en banc) (explaining that revocation may be based on a refusal to answer questions, so long as the administrator does nothing to impair later invocation of the Fifth Amendment privilege).

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