Section 5.18 Demands for Samples of Handwriting, Hair, or Voice, or Presentation in Lineup
| Library | Criminal Practice 2012 Supp |
4. (§5.18) Demands for Samples of Handwriting, Hair, or Voice, or Presentation in Lineup
The Supreme Court has held that the Fifth Amendment privilege against self-incrimination does not apply to non-testimonial physical evidence, e.g., handwriting samples. United States v. Mara, 410 U.S. 19, 21–22 (1973). In addition, the Eighth Circuit has held that the Fifth Amendment does not protect compelled production of physical evidence such as fingerprints...
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