Research Paper on "Supreme Court Case"

Research Paper 3 pages (1015 words) Sources: 3

[EXCERPT] . . . .

" (Facts as explained in the N.H. Supreme Court Decision, In re Waterman, 910 A.2d 1175 (N.H. 2006), Id. At 1178 quoting Eshelman v. Blubaum, 560 P.2d 1283, 1285 (Ariz. 1977) cited in Webster, ) The Court is reported to have adopted the Arizona Supreme Court's reasoning in the case Eshelman v. Blubaum in which the court held that a police officer must submit to a polygraph examination upon penalty of dismissal if (1) there are reasonable grounds for demanding such a test; (2) the answers are not used in any subsequent criminal prosecution; and (3) the questions relate specifically and narrowly to the performance of the police officer's official duties. (Webster, 2007, p.1)

In addition, it is reported that the court "…also implicated that failure to submit to an ordered polygraph violates the officer's sworn duty to cooperate with the investigation of a crime. Further, the court reconciled the reliability of polygraph examinations by reasoning that although courts have found the tests to be inadmissible as evidence, they are reliable enough to be utilized as a tool for internal departmental investigations." (Webster, 2007, p.1) In the application of the Eshelman test, it is reported that the court found "that the grounds for the order were reasonable because Waterman's credibility was in question and the Division did not have authority to question Lemere." (Webster, 2007, p.1) Furthermore, there was an existing division regulation in place that required division member to "…submit to examination, supporting the reasonableness of the order." (Webster, 2007, p.1) As well the court explained that prior to interviewing a division member that a "Garrity warning must be given which provides that neither 'self-incriminating statements, nor the fruits thereof' will be used against an employee in any criminal proceeding. Thus, there was a protection in place preventing the use of answers given during the polygraph in a subsequent criminal proceeding, fulfilling the second element of the test." (Webster, 2007, p.1) The final prong was not analyzed by the court since Waterman, by refusing to submit to the polygraph, had created an impossibility for the Court "to know whether the questions were narrowly tailored to the performance of her duties. Additionally, there was no further information that would lead to an admission and the polygraph was the only option for investigators. Based on this reasoning the court upheld the PAB's decision and Tracy Waterman was out of a job." (Webster, 2007, p.1)

References

Webster, L. (2007) The Magic Lasso: The Implications of Waterman on Public Employees in New Hampshire. New Hampshire Bar Association, Bar Journal, Summer, 2007. Retrieved from: http://www.nhbar.org/publications/display-journal-issue.asp?id=371

In re Waterman, 910 A.2d 1175 (N.H. 2006) in: Webster, L. (2007) The Magic Lasso: The Implications of Waterman on Public Employees in New Hampshire. New Hampshire Bar Association, Bar Journal, Summer, 2007. Retrieved from: http://www.nhbar.org/publications/display-journal-issue.asp?id=371

Eshelman v. Blubaum, 560 P.2d 1283, 1285 (Ariz. 1977 in: Webster, L. (2007) The Magic Lasso: The Implications of Waterman on Public Employees in New… READ MORE

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