Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic?

California, United States of America


The following excerpt is from Maldonado v. Superior Court of San Mateo Cnty., 12 Cal. Daily Op. Serv. 4366, 140 Cal.Rptr.3d 113, 274 P.3d 1110, 53 Cal.4th 1112 (Cal. 2012):

Finally, as explained elsewhere in this opinion, the prosecution's pretrial access to materials derived from mental examinations conducted under section 1054.3(b) does not contravene the constitutional privilege for another reason that has become clearer since Williams v. Florida and Izazaga were decided. This reason is that the Fifth Amendment does not directly prohibit official compulsion to provide testimonial disclosure of personally incriminating information; it merely bars the use, direct or derivative, of such a compelled disclosure in a subsequent criminal prosecution against the person from whom it was obtained.

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