United States v. Von Behren, No. 15-1033 (10th Cir. 2016)
Annotate this CaseBrian Von Behren was serving a three-year term of supervised release stemming from a 2005 conviction for distribution of child pornography. One of the conditions of his release was modified to require that he successfully complete a sex offender treatment program, including a sexual history polygraph requiring him to answer questions regarding whether he had committed sexual crimes for which he was never charged. Von Behren contended that the polygraph condition violated his Fifth Amendment privilege against self-incrimination. The district court disagreed and held that the polygraph exam questions did not pose a danger of incrimination in the constitutional sense. Von Behren refused to answer the sexual history questions, thereby requiring the treatment provider to expel him from the program and subjecting him to potential revocation of his supervised release for violating the condition of supervision. The Tenth Circuit reversed on the Fifth Amendment issue.
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