UNITED STATES OF AMERICA v. JUAN ELIAS LARA
US Court of Appeals for the Fourth Circuit, Keenan, March 14, 2017,
Evidence- A defendant’s confession was voluntary when he agreed to sex offender counseling in order to get out of prison.

Facts
Lara was convicted of aggravated sexual battery and sentenced to 20 years imprisonment with 17 suspended, and 20 years probation.
The terms of his supervision included a requirement that Lara “[a]ttend and successfully complete a Sex Offender Treatment Program,” permit the Treatment Program provider to have “unrestricted communication with the probation and parole department,” and “submit to any polygraph . . . deemed appropriate by [his] supervising officer.” Before he was released from custody, Lara signed the form listing these conditions.
As part of the “intake” process, Rudy Flora, a licensed clinical social worker, conducted an interview with Lara in April 2010. During that interview, Lara disclosed details about his sexual history, including his sexual contact with minors and commission of forcible sexual assaults, as well as his involvement in two murders.
When Lara violated his probation by moving to Texas without permission, the murders and sexual assaults he confessed to were used against him.
Lara was sentenced to 120 months imprisonment for violating SORNA.
Lara appealed, holding that his confession was involuntary because he had to waive his therapist privilege in order to get out of prison and be placed on probation.

Law from the Case
Held: Because Lara made the choice and decided to talk to a therapist in exchange for getting out of prison, it was voluntary and did not violate the 5th Amendment. There was no threat of violating his probation if he didn’t confess to the crimes.
Psychologist Privilege – Under federal law, there is a patient-psychotherapist privilege. However, like most privileges, it may be waived.
5th Amendment- Probation- Threatening a defendant with violation of probation if he doesn’t confess to a crime could violate the 5th Amendment.