LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
  - Texas v. Cobb
  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
- Stops-Generally
- Stops-Terry/Traffic Stops
The Fifth Amendment
- Compelled
- Due Process
- Fourth Amendement Violations
- Holder of the Privelege
- Immunity
- Introductory Issues
- Miranda - Custody
- Miranda - Generally
- Miranda - Goverment Employees
- Miranda - Interrogation
  - Pennsylvania v. Muniz
  - Rhode Island v. Innis
- Miranda - Police
  - Arizona v. Mauro
  - Illinois v. Perkins
- Miranda - Right to Counsel
- Miranda - Right to Silence
- Miranda - Waiver
- Miranda Exceptions
  - New York v. Quarles
  - Harris v. New York
- Testimonial Evidence
- Voluntary
Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
- Serving the Warrant - Person at the Premises
- Serving the Warrant - Related Issues
- With Particularity
Search Warrant Exceptions - P.C. Not Needed
- Consent
- Frisk
- Inspections - Border Inspections
  - United States v. Flores-Montano
  - United States v. Ramsey
- Inspections - Parolees
  - Samson v. California
  - United States v. Knights
- Inspections - Special Needs
- Inspections - Structures
- Inspections - Vehicles
- Inventories
- Search Incident to Arrest
  - United States v. Chadwick
- Search Incident to Arrest - Alcohol Test
  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
Search Warrant Exceptions - P.C. Needed
- Destruction of Evidence
- Emergency Scenes
- Hot Pursuit
- Mobile Vehicles
- Plain View
Related Search and Seizure Issues
- Officer's Intent
- Other Issues
Other Cases
- Generally
Liability
- Brady Material
- Generally
Levels of Suspicion
- Probable Cause
- Reasonable Suspicion
Fourth Amendment - Exclusionary Rule
- Exceptions - Attenuation
  - Utah v. Strieff
- Exceptions - Good Faith Exceptions
- Exceptions - Impeachement
- Exceptions - Independent Source
  - Murray v. United States
- Exceptions - Inevitable Discovery
  - Nix v. Williams
- Exceptions - No Standing to Object
- Exceptions - Other Hearings
  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Testimonial Evidence

United States v. Mara

Facts

A grand jury twice subpoenaed the defendant to appear and provide handwriting and printing exemplars for comparison with documents already in the grand jury’s possession. The defendant refused, asserting that requiring him to produce the exemplars would violate his Fourth Amendment protections. Additionally, because he had not seen the documents in the grand jury’s possession, the defendant alleged that the government might actually be seeking “testimonial” communications (i.e., the contents of the handwriting exemplars, as opposed to the physical characteristics of his writing) in violation of his Fifth Amendment rights.

Issue

Whether compelling a defendant to provide handwriting exemplars violates the defendant’s Fifth Amendment right against self-incrimination?

Held

No. Compelling a defendant to provide handwriting exemplars does not require the defendant to make a communicative assertion.

Discussion

The Supreme Court emphasized that the Fifth Amendment protection against selfincrimination did not protect the production of handwriting exemplars. “If the Government should seek more than the physical characteristics of the witness’ handwriting – if, for example, it should seek to obtain written answers to incriminating questions or a signature on an incriminating statement – then, of course, the witness could assert his Fifth Amendment privilege against compulsory self-incrimination.” Here, the grand jury was not concerned with the contents of the writings, but rather with the physical characteristics of the individual writer.

Citation

410 U.S. 19, 93 S. Ct. 774 (1973)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege