(Download) "Cabasug v. Immigration and Naturalization Service" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Cabasug v. Immigration and Naturalization Service
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 26, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The fifth amendment "guarantees. .. the right of a person to remain silent unless he chooses to speak in the unfettered expression of his own will, and to suffer no penalty. .. for such silence." Malloy v. Hogan, 378 U.S. 1, 8, 12 L. Ed. 2d 653, 84 S. Ct. 1489 (1964). In Schmerber v. California, 384 U.S. 757, 16 L. Ed. 2d 908, 86 S. Ct. 1826 (1966), the United States Supreme Court ruled that the fifth amendment protects an accused only from being compelled to testify against himself or otherwise provide the state with evidence of a testimonial or communicative nature. The Court then concluded that, because the results of a blood alcohol "breathalyzer" test are physical rather than testimonial or communicative evidence, a state has the power to administer such a test against a defendants will without infringing on his fifth amendment privilege.