Is a probationer's testimony at a probation revocation hearing admissible at a subsequent criminal trial?

California, United States of America


The following excerpt is from People v. Cooke, 16 Cal.App.4th 1361, 20 Cal.Rptr.2d 506 (Cal. App. 1993):

Then in People v. Coleman (1975) 13 Cal.3d 867, 120 Cal.Rptr. 384, 533 P.2d 1024, the court created the judicial exclusionary rule that evidence derived from a probationer's testimony at a probation revocation hearing is inadmissible against him at a subsequent trial on the related criminal charges, except for impeachment or rebuttal purposes. (Id. at p. 889, 120 Cal.Rptr. 384, 533 P.2d 1024.) The rule applies to direct and derivative use of the testimony. (Id. at p. 891, 120 Cal.Rptr. 384, 533 P.2d 1024.)

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