How have courts interpreted the Fifth Amendment privilege against self-incrimination against handwriting exemplars?
MultiRegion, United States of America
The following excerpt is from United States v. Lincoln, 494 F.2d 833 (9th Cir. 1974):
The appellant contends also that the compelled production of the handwriting exemplars violates the Fourth
[494 F.2d 839]
and Fifth Amendment right against self-incrimination. It has long been held that the compelled display of physical characteristics infringes no interest protected by the privilege against self-incrimination. Holt v. United States, 218 U.S. 245, 31 S.Ct. 2, 54 L.Ed. 1021 (1910).[494 F.2d 839]
It is well founded that handwriting exemplars are not protected by the Fifth Amendment privilege against self-incrimination. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L. Ed.2d 1178 (1967).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will the Fifth Amendment privilege against self-incrimination against handwriting exemplars not be violated? (MultiRegion, United States of America)
What is the government's argument that there is a Fifth Amendment privilege against self-incrimination under the Fifth Amendment? (MultiRegion, United States of America)
How have the courts interpreted the fifth amendment privilege of requiring a financial institution to produce records of a client's transactions? (MultiRegion, United States of America)
How have courts interpreted the Fourteenth Amendment in the context of the Eighth Amendment? (MultiRegion, United States of America)
Can a federal court overturn a federal district court's finding that appellant waived his Fifth and Sixth Amendment rights? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a defendant waive his right to receive translation services provided by a court interpreter under the Court Interpreters Act? (MultiRegion, United States of America)
How have courts interpreted the Fifth Amendment in the context of an eminent domain claim? (MultiRegion, United States of America)
Is there a Fifth Amendment privilege or attorney-client privilege? (MultiRegion, United States of America)
When a witness asserts her Fifth Amendment privilege, what is the test for the privilege? (MultiRegion, United States of America)
