United States v. Phata Saechao

REINHARDT, Circuit Judge.

I

The issue on this appeal is whether a probationer who provides incriminating information to his probation officer in response to questions from that officer, and does so pursuant to a probation condition that requires him to “promptly and truthfully answer all reasonable inquiries” from the officer or face revocation of his probation, is “compelled” to give incriminating evidence within the meaning of the Fifth Amendment. Because we conclude that the state took the “impermissible step” of requiring the probationer “to choose between making incriminating statements…