Is there a violation of the Fifth Amendment in compelling an accused to repeat words for voice identification?
California, United States of America
The following excerpt is from People v. King, 266 Cal.App.2d 437, 72 Cal.Rptr. 478 (Cal. App. 1968):
There is no violation of the Fifth Amendment in compelling an accused to repeat words for voice identification. It is not testimonial compulsion. (Schmerber v. State of California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908.) It is an identification of physical characteristics.
The use of the concealed tape in the county jail does not change this rule.
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