Third Circuit says there are limits to the type of physiological testing allowed.
In United States v. POROWICZ, the defendant challenged a condition of his supervised release that allowed probation to conduct “physiological tests” without specifying which ones they would be administering. He argued that there are no limits to what they would be allowed to subject him to.
The Third Circuit concluded that the District Court plainly erred by imposing this condition to submit to unspecified physiological testing without explaining how it satisfies § 3583(d)(2). “Consistent with Pruden, we thus conclude that this error “will inevitably affect [Porowicz’s] substantial rights” and that without correction, this unauthorized condition will “seriously affect[] the fairness, integrity, and reputation of the proceedings.””
United States v. POROWICZ, No. 21-2153 (3d Cir. July 6, 2022).
Is it a surprise that any requirement imposed on registrants isn’t clearly and empirically explained how it satisfies logic, let alone a law?
I like how rather than simply saying they want to subject someone to a penile plethysmograph test to see whether they’re aroused by pornography they just say physiological testing.
I never had to take a polygraph on probation but had to do drug tests every time I went in, even though I had never done drugs in my life. I had to complete a sex offender program and there were two choices, private one on one or group. I chose the group one.
Was supposed to be for a year or until the group leader said otherwise. I was released after 90 days because he told my PO that he is not in denial and, cooperated and participated in all the programs and was not afraid to speak and open up to the group. Probably because when no one else would speak I always would, in fact sometimes they couldn’t get me to shut up. I think I graduated out to give someone else the chance to speak. LOL
I got off probation almost 20 years ago. I have heard things have gotten a lot worse on sex offender probation now days. I had a decent PO, she was tough, but she would always listen to your side of the story and weigh and check on the facts presented. As soon as probation completed, I got the Hell out of that county as even off probation that Sheriff’s office came by my house 2 to 3 times a week to harass me.
These psycho tyrants have to do something to support their agenda…and income.
I live in the federal 10th Circuit which has found that a person on supervision can decline to answer a polygraph question by invoking his 5th Amendment right against self incrimination (United States v. Von Behren, No. 15-1033 (10th Cir. 2016)). I’ve never needed to invoke that decision, but I find it comforting that it is precedent, and is worth reading for anyone interested in such things.