California Court of Appeal

In requiring a convicted criminal to submit to periodic polygraph examinations as a condition of probation, questioning must be relevant to his crime or court-mandated therapy, and an order that he pay for such testing is improper without inquiry into his ability to pay and a determination of amount.

Appellate Information

• Decided 08/19/2002
• Published 08/19/2002

Judges

•  McINTYRE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  James M.V. Fitzpatrick, San Diego, Law Offices of Thor O. Emblem and Tracy L. Emblem, Escondido, for Petitioner., Paul J. Pfingst, District Attorney;  Thomas F. McArdle and Stephen E. Carr, Deputy District Attorney, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.