The People of the State of Colorado v. Carl Daniel Ruch

Summary

The court held that Ruch's advance refusal to enroll in or participate in sex-offender treatment was an ineffective and premature blanket assertion of the Fifth Amendment privilege. Because he had not been asked any incriminating questions, threatened with revocation for asserting the privilege in response to particular questions, or required to waive the privilege, revoking probation for his total refusal to attend treatment did not violate the Fifth Amendment. The court reversed and remanded with instructions to reinstate the revocation and sentence.