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Minnesota v. Murphy

Supreme Court of the United States · 1984 · Criminal Procedure

Criminal ProcedureFifth AmendmentSelf-IncriminationProbationFifth Amendmentprobationself-incriminationcompelled statements

Facts

Murphy was on probation for false imprisonment and was required to report to his probation officer as directed and to be truthful with her in all matters; violation of probation conditions could lead to revocation proceedings. After learning from a treatment counselor that Murphy had admitted a 1974 rape and murder, the probation officer arranged a meeting with Murphy, intending to report incriminating statements to police. At the meeting in the probation officer's office, Murphy admitted the rape and murder, denied the false imprisonment charge, and was then told the information would be relayed to authorities. He later sought to suppress the probation officer's testimony at his murder trial, arguing that the statements were obtained in violation of the Fifth and Fourteenth Amendments.

Issue

Whether the Fifth and Fourteenth Amendments bar the use in a later criminal prosecution of incriminating statements made by a probationer to his probation officer during a required meeting when the probationer was obligated to be truthful but did not invoke the Fifth Amendment privilege. Also, whether the probation setting or probation conditions made the privilege self-executing or the statements compelled.

Rule

In the ordinary case, even a witness under a general obligation to appear and answer questions must timely assert the Fifth Amendment privilege; otherwise, answers are not deemed compelled. A probationer's duty to attend meetings and be truthful does not by itself create compulsion, and Miranda warnings are not required absent custody. If the State expressly or by implication makes assertion of the privilege itself grounds for revocation or other penalty, that creates a classic penalty situation and the answers are compelled and inadmissible in a criminal prosecution.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Tanya Ruiz is on probation in Phoenix after a forgery conviction. Her probation terms require her to report as directed and to be truthful with her probation officer in all matters. At a scheduled office meeting, the officer asks whether Tanya also participated in an unrelated auto-theft ring; Tanya answers yes without invoking the Fifth Amendment.

In a later prosecution for auto theft, is Tanya's statement most likely admissible?

Explanation. The majority held that the Fifth Amendment privilege is generally not self-executing. A probationer who is required to attend and be truthful must still timely assert the privilege if a question may incriminate her. Absent custody or a penalty for invoking the privilege, answering instead of claiming the privilege renders the statement admissible.