Act of Production Privilege Revisited
In order to invoke the Fifth Amendment protection, the party seeking to invoke the protection bears the burden of demonstrating that a compelled communication is testimonial. The Supreme Court held that in order to be considered testimonial, a “communication must itself, explicitly or implicitly, relate a factual assertion or disclose information” that expresses “the contents [...]
Public Safety Exception To Fifth Amendment
In Lamb v. State (March 3, 2011), the Nevada Supreme Court ruled, among other things, that Defendant’s statement to police that he had “a revolver” was properly admitted over objection that it violated Miranda v. Arizona, 384 U.S. 436, 467-68 (1966). The court stated, “Lamb’s motion to suppress sought to exclude his statement to the [...]
Act Of Production Privilege
“No person shall be compelled in any criminal case to be a witness against himself.” U. S. Constitution, Fifth Amendment. The Fifth Amendment may be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. Maness v. Meyers, 419 U.S. 449, 464, 95 S.Ct. 584, 594, 42 L.Ed.2d 574, 587 (1975). The [...]
