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United States Ninth Circuit


US v. Saechao, 04-30156

A probationer who provides incriminating information to his probation officer, pursuant to a probation condition that requires him to answer all inquiries truthfully, is compelled to give incriminating evidence within the meaning of the Fifth Amendment and the information may not be used against the probationer in a criminal proceeding.

Appellate Information

  • Argued 03/10/2005
  • Decided 08/12/2005
  • Published 08/12/2005

Judges

  • REINHARDT, Circuit Judge., Before REINHARDT, BERZON, and BYBEE, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Richard A. Friedman, United States Department of Justice, Washington, DC (Argued);  Karen J. Immergut, Frederic N. Weinhouse, United States Attorney's Office, Portland, OR, (On the Briefs), for the plaintiff-appellant.

  • For Appellees:
  • Lisa Hay, Office of the Federal Public Defender, Portland, OR, for the defendant-appellee.
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