Is the taking of a fingerprint an invasion of the right of a person in custody?

Canada (Federal), Canada

The following excerpt is from R. v. Beare; R. v. Higgins, [1988] 2 SCR 387, 1988 CanLII 126 (SCC):

35. In examining this question one must have a sense of proportion. Is the taking of fingerprints any more serious an invasion of the right of a person in custody than examining the person's body for birthmarks and the like? I do not think so and, as I noted, being arrested and charged for an offence seems to me to be more serious. As Augustus Hand J. stated in United States v. Kelly, 55 F.2d 67 (2nd Cir. 1932), at p. 70: It is no more humiliating than other means of identification that have been universally held to infringe neither constitutional nor common‑law rights. Finger printing is used in numerous branches of business and of civil service, and is not in itself a badge of crime. As a physical invasion it amounts to almost nothing, and as a humiliation it can never amount to as much as that caused by the publicity attending a sensational indictment to which innocent men may have to submit.

Other Questions


Does a civil rights complaint containing only allegations of personal participation in civil rights violations constitute "official personnel" or "personal participation"? (MultiRegion, United States of America)
Is a defendant's right to take the stand a personal right to the accused? (MultiRegion, United States of America)
What is the test for the right of a single person to cast their ballot at the same time as a second person? (MultiRegion, United States of America)
When an unrepresented defendant in police custody invokes his right to a lawyer, what is the effect of that right? ("New York", United States of America)
Does a defendant who is in custody have the right to waive his right to be present at trial? (MultiRegion, United States of America)
Does a person in custody waive their right to remain silent by indicating that they do not want to talk about certain subjects? (MultiRegion, United States of America)
What is the current state of the law on the right of publicity for the use of a person's name, likeness or personality? (MultiRegion, United States of America)
What is the test for denying, abridgeing or denying a person's right to exercise their right to vote in a discrimination case? (MultiRegion, United States of America)
What are the requirements for an amended complaint to identify as defendant only persons who personally participated in a substantial way in depriving a plaintiff of a federal constitutional right? (MultiRegion, United States of America)
On what grounds can a person be denied a right to sue on a motion for damages on the grounds of personal injury? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.