United States v. Ka, No. 18-4913 (4th Cir. 2020)
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Ka was convicted of possessing a firearm during a drug trafficking crime. While serving five years of supervised release, he tested positive for drug use three times. Ka stated, in the presence of his probation officer, Padilla, and her partner, that he had been helping friends sell drugs to make money. Padilla examined Ka’s phone, finding text messages related to drug sales. Ka then signed a statement admitting to selling marijuana and cocaine with an averment that “[t]hese are my own words and [are] given voluntarily.” Ka did not invoke his right against self-incrimination. Padilla petitioned to revoke Ka’s supervised release, 18 U.S.C. 3583(e).
Ka moved to suppress statements he had made to Padilla concerning his possession and sale of drugs, citing the Fifth Amendment and arguing that the “penalty exception” applied to his situation. His terms of supervision required him to “answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer” so he would have been penalized for any assertion of his Fifth Amendment privilege. The Fourth Circuit affirmed the denial of Ka’s motion to suppress, having previously held that the use of compelled, self-incriminating statements in a supervised release revocation hearing does not violate the Self-Incrimination Clause of the Fifth Amendment.
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