Does the exclusionary rule on cross-examination apply to a probationer's testimony at his revocation hearing?

California, United States of America


The following excerpt is from People v. Coleman, 120 Cal.Rptr. 384, 13 Cal.3d 867, 533 P.2d 1024 (Cal. 1975):

To allow the prosecution to advert to the probationer's revocation hearing testimony on cross-examination, regardless of the content of the probationer's direct examination, would be an ironic way indeed of honoring at trial a probationer's privilege against self-incrimination. (Cf. Agnello v. United States (1925) 269 U.S. 20, 35 [70 L. Ed. 145, 150, 46 S. Ct. 4, 51 A.L.R. 409].) To be sure, a probationer who incriminates himself at his revocation hearing would not thus be compelled to incriminate himself at trial -- rather, in order to avoid incriminating himself at trial he would be compelled to remain silent at trial. Such compulsion is hardly consistent with the constitutional guarantee which the exclusionary rule propounded herein seeks to extend to a probationer, notwithstanding any admissions he may have made at a related probation revocation hearing: "the fullest opportunity to meet the accusation against him." ( Walder v. United States, supra, 347 U.S. at p. 65 [98 L. Ed. at p. 507].)

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