United States v. Phata Saechao

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 and jeopardizing his conditional liberty by remaining silent,” Minnesota v. Murphy, 465 U.S. 420, 436 , 104 S.Ct. 1136 , 79 L.Ed.2d 409 (1984), we hold that his admission of criminal conduct was compelled by a “classic penalty situation” and the evidence obtained by the probation officer may not be used against him in a criminal proceeding. We therefore affirm the district court’s order suppressing the fruits of the state’s unlawful conduct.

II.

Phata Saechao pled guilty to a state felony offense and was sentenced to state probation. The felony, which involved an act of domestic violence, was his first. The day…