Samuel B. Lewis, Jr. v. United States

BURGER, Circuit Judge:

Appellant was convicted of three offenses arising out of an attempted armed robbery. The question presented by his appeal is whether the government may compel a suspect to make a sample of his handwriting when he has no counsel pres ent and before he is taken to a committing magistrate. 1(1) One issue raised is whether the Fifth Amendment is violated by compelling a suspect to make a handwriting sample. Is a handwriting sample testimonial and communicative evidence or is it tangible, physical evidence ? This distinction was utilized by Justice Holmes in 1910 when,…