People v. Roberson

Summary

The court made the rule to show cause absolute and held that a probationer may not have probation revoked for refusing to answer an incriminating question during sex-offender treatment when the refusal was a valid exercise of the Fifth Amendment privilege. The court concluded that questions about post-trial possession or viewing of child pornography presented a reasonable danger of prosecution and that threatening probation revocation constituted compulsion. It remanded for specific findings about whether questions concerning post-trial sexual fantasies involving minors also posed a reasonable danger of incrimination.