· 9/7/2023
Commonwealth v. Carter, N.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that in addition to the Fifth Amendment, there also is no legitimate Fourth Amendment interest violated by the compulsory production of characteristics exposed to the public
- ruling that “[hjandwriting, like speech, is repeatedly shown to the public, and there is no more expectation of privacy in the physical characteristics of a person’s script than there is in the tone of his voice.”
- handwriting samples may be taken from an unwilling suspect without running afoul of the self-incrimination privilege
- requiring grand jury witness to provide handwriting exemplars for grand jury’s observation is not a search of person
- “Handwriting, like speech, is repeatedly shown to the public, and there is no more expectation of privacy in the physical characteristics of a person’s script than there is in the tone of his voice.”
- taking handwriting exemplar not a search or seizure under the Fourth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.