Legal Opinion
People v. Slavin
New York Court of Appeals
Decided February 17, 2004PublishedCited by 13 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are called upon to decide whether the trial court violated defendant’s Fifth Amendment privilege against self-incrimination by allowing the People to introduce photographs of upper body tattoos, taken over defendant’s objection, as evidence of motive for committing a hate crime. We conclude that defendant was not “compelled ... to be a witness against himself’ (US Const 5th Amend) within the meaning of the privilege. The tattoos were physical characteristics, not testimony *395forced from his mouth (see Schmerber v California, 384 US 757, 764-765 [1966]; People v…
2Cases cited9 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Fisher v. United StatesSupreme Court of the United States · 1976
- Holt v. United StatesSupreme Court of the United States · 1910
- United States v. DoeSupreme Court of the United States · 1984
- United States v. HubbellSupreme Court of the United States · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2011
- People v. KimesAppellate Division of the Supreme Court of the State of New York · 2006
- People v. HavrishNew York Court of Appeals · 2007
- People v. WagnerAppellate Division of the Supreme Court of the State of New York · 2006
- People v. KoppAppellate Division of the Supreme Court of the State of New York · 2006
8 more not listed; retrieve them via the Exa API.