State v. Eccles

In State v. Eccles, 179 Ariz. 226, 228-29, 877 P.2d 799, 801-02 (1994), the Arizona Supreme Court applied Minnesota v. Murphy when it addressed the validity of a probation condition requiring the defendant to waive the right against self-incrimination. 179 Ariz. at 227, 877 P.2d at 800. Any answers the probationer gave could be used as evidence to revoke probation and in subsequent criminal proceedings. Id. Refusal to agree to the waiver or follow the condition of probation could result in revocation of probation. Id. at 228, 877 P.2d at 801. The Arizona Supreme Court held that Murphy prohibited the waiver condition. Id. After removing the unconstitutional portion of the condition, the remaining part only required the probationer to answer questions truthfully. Id. The court clarified that the probationer could still incriminate himself. Id. "To avoid doing so, he must assert the privilege at the appropriate time." Id.