People v. Rebulloza
Annotate this CaseRebulloza pleaded no contest to one count of indecent exposure for exposing himself on a street corner in San José. The trial court granted a three-year term of probation to include one year in county jail as a condition of probation and ordered him to complete a sex offender management program as mandated by Penal Code section 1203.067. Under subdivisions (b)(3) and (b)(4), the court ordered defendant to “waive any privilege against self-incrimination and participate in polygraph examinations which shall be part of the sex offender management program” and “waive any psychotherapist/patient privilege to enable communication between the sex offender management professional and the probation officer.” Rebulloza challenged the constitutionality of the waivers. The court of appeal held that the condition requiring a waiver of the privilege against self-incrimination is prohibited by the Fifth Amendment under the 1984 Supreme Court decision, Minnesota v. Murphy, and construed the waiver of the psychotherapist-patient privilege as requiring waiver only insofar as necessary to enable communication between the probation officer and the psychotherapist, so that it is not overbroad in violation of defendant’s constitutional right to privacy.
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