Does the Fifth Amendment prohibit a probation order requiring a waiver of the privilege against self-incrimination as a condition of probation?
California, United States of America
The following excerpt is from People v. Friday, 170 Cal.Rptr.3d 38 (Cal. App. 2014):
For the reasons above, we conclude the Fifth Amendment prohibits the section 1203.067, subdivision (b)(3) requirement of a waiver of the privilege against self-incrimination as a condition of probation. (Accord State v. Eccles, supra, 179 Ariz. 226, 877 P.2d 799.)
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