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Name: United States v. Saechao
Case #: 04-30156
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/12/2005

Incriminating statements made by a probationer to his probation officer cannot be used against him in a criminal proceeding. The defendant here was placed on probation subject to a condition that required him to provide truthful and prompt answers to any reasonable question posed by the probation officer; his failure to comply with that condition subjected him to revocation of his probation. The Ninth Circuit panel found that this condition compelled the defendant to make a statement in violation of the Fifth Amendment. Holding that the state took the impermissible step of requiring the probationer to choose between his conditional liberty and his privilege against self-incrimination, the court held that the statements made to his probation officer under this probation condition were not admissible against the defendant in a criminal proceeding.