State v. Evans

This is an appeal from a judgment of the circuit court which affirmed an order of the Wisconsin Department of Health and Social Services (the Department) revoking Charles Evans’ probation and returning him to the trial court for sentencing. The question is whether an otherwise valid basis for revocation — probationer’s failure to account for his whereabouts and activities — is made invalid because the refusal is based on probationer’s invocation of the fifth amendment privilege against self-incrimination.

We resolve this issue by holding that statements or the fruits of statements made by a…