Monday, September 16, 2013

United States v. Bahr, No. 12-30218 (9-16-13)(Goodwin with Reinhardt and Hurwitz).

"We make clear now that the use of unconstitutionally compelled statements to determine a sentence in a later, unrelated criminal proceeding is unconstitutional." Opinion at 4. Here, the statements were a result of treatment in a state proceeding that were used in a PSR for a present child porn sentencing. The statements were produced as a result of a "full disclosure" polygraph test regarding his sexual history, and were required. It is not required that he assert the right against self-incrimination when the risk of incrimination is apparent and he had no choice here. This is a significant case given the extent of conditions for sex offenders, and what must be disclosed as a part of parole or SR sex offender treatment.

Congrats to Tom Hester, AFPD in Portland, Oregon.


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