Is there a waiver of a condition of a defendant's probation if he fails to assert his Fifth Amendment right in response to questions pursuant to the condition?

4 There is one significant difference between evaluating the condition as applied and evaluating the condition on its face: Whereas there is no waiver if the defendant fails to raise his Fifth Amendment claim at the sentencing proceeding, a failure to raise the claim in response to questions asked pursuant to the condition will result in a waiver. When asked to produce information within the scope of the condition, a defendant must either comply or provide justification for failing to do so. If he refuses to assert his Fifth Amendment right and yet refuses to answer questions, the Fifth Amendment right is lost. See Garner v. United States, 424 U.S. 648, 654 n. 8, 96 S.Ct. 1178, 47 L.Ed.2d 370 (1976). Where this occurs, probation may properly be revoked, notwithstanding subsequent statements that the defendant had a Fifth Amendment right which he failed to assert.