Does a Defendant's request to see his probation officer invoke his Fifth Amendment right?

California, United States of America


The following excerpt is from Michael C., In re, 146 Cal.Rptr. 358, 21 Cal.3d 471, 579 P.2d 7 (Cal. 1978):

4 The dissent suggests that although it is clear in the present case that defendant requested to see his probation officer out of a desire for help in how to conduct himself with the police (cf. People v. Burton, supra, 6 Cal.3d at p. 383, 99 Cal.Rptr. 1, 491 P.2d 793), we should not find that such a request invoked defendant's Fifth Amendment rights. The dissent apparently argues that no invocation of Fifth Amendment rights occurred, because once defendant's request was denied, defendant was willing to continue the interrogation with the police. Under such an analysis, of course, the police could ignore a defendant's request for an attorney and still argue that any subsequent confession was properly obtained, since the defendant was "willing" to continue the interrogation in the absence of his attorney. The dissent's approach flies directly in the face of Miranda, which as we have noted, explicitly holds that "(i)f the individual states that he wants an attorney, the interrogation must cease until an attorney is present." (384 U.S. at p. 474, 86 S.Ct. at p. 1628. See also People v. Burton, supra, 6 Cal.3d at p. 384, 99 Cal.Rptr. 1, 491 P.2d 793.)

Other Questions


Is a defendant's ineffectual request for counsel in a Sixth Amendment context coincidentally invoked his Fifth Amendment right to have counsel present at any interrogation? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
How has the probation officer treated the responses of a probation officer to a defendant's references? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
Can a probation officer request that appellant be released from probation even though appellant was on probation? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.