Does the Fifth Amendment privilege against self-incrimination apply to "testimonial" communications by a defendant?

California, United States of America


The following excerpt is from People v. Anthony R. (In re Anthony R.), F078753 (Cal. App. 2019):

The Fifth Amendment privilege against self-incrimination applies to "testimonial" communications by a defendant. (Doe v. United States (1988) 487 U.S. 201, 210.) In order to be testimonial, a defendant's "communication must itself, explicitly or implicitly, relate a factual assertion or disclose information." (Ibid.) A suspect may be compelled to furnish a blood sample, stand in a lineup, provide a handwriting sample, or wear particular clothing. (Ibid.)

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