Is a tattoo on the back of the head a testimonial for the Fifth Amendment?

The government argues that the tattoo in this case was not "testimonial." We disagree. Whether a communication is testimonial for Fifth Amendment purposes "often depends on the facts and circumstances of the particular case." Doe v. United States, 487 U.S. 201, 214-15 (1988). "[I]n order to be testimonial, an accused's communication must itself, explicitly or implicitly, relate a factual assertion or disclose information. Only then is a person compelled to be a 'witness' against himself." Id. at 210.