Fifth amendment protections against self-incrimination does not apply to exhibitions of physical characteristics

April 6, 2011

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110 Criminal LawThe privilege against self-incrimination does not protect a criminal suspect from being compelled to exhibit physical characteristics, for example, to put on a shirt, to provide a blood sample or handwriting exemplar, or to make a recording of his voice; it is the contents of the suspect’s own mind that implicates the Self-Incrimination Clause.
United States v. Greer, 631 F.3d 608 (2d Cir. Feb. 4, 2011)

Suggested by Robert P. Knapp III; Mulholland & Knapp, LLP; New York, NY