People v. Ruch. Fifth Amendment—Probation Revocation

Summary

The court held that Ruch's complete refusal to enroll in or attend sex-offender treatment was a premature blanket assertion of the Fifth Amendment privilege because no incriminating question had been asked and he could have asserted the privilege in response to specific questions. It therefore concluded that revoking his probation for refusing treatment did not violate the Fifth Amendment and directed reinstatement of the revocation order and four-year prison sentence.