Oberg v. City of Billings

I would hold Section 39-2-304(2), MCA, constitutional on its face and as applied to the facts of this case.

At the outset, Officer Oberg lacks standing to attack the statute on the ground that it requires other employees of law enforcement agencies (such as secretaries, clerks, dispatchers, meter maids and dog catchers) to submit to polygraph examinations. The normal rule is that constitutional rights are personal and a person cannot defeat a statute on the ground that it might in other applications violate the rights of third persons. United States v. Raine’s (1960), 362 U.S. 17, 80 S.Ct.…