Privilege against self-incrimination

COMPULSION

INCRIMINATION

TESTIMONY

ASSERTION

EXCEPTIONS:

Perjury prosecution, even if given immunity

Opened door - make statements, waives privilege as to details

Must give immunity to seek

BUT no immunity required for foreign jurisdictions

TransactionalL: any offense related to testimony

MUST GRANT: Use and Fruits: use of testimony in proceedings as well as use of ev derived from testimony

Sworn testimony under oath

custodial police interrgoation

Miranda req

where choice to invoke impermissibly penalized

comment on choice not to testify

NOT

appearance before probation officer

consequences of truthful answer

criminal penalty: leg intent, or statuory scheme so punitive in intent

NOT:

civil forfeiture

benign purpose of providing treatment to sex offenders

suff. serious risk of prosecution

real and probable

disclosure of identity

RESERVE hard cases: where a link in the chain of evidence

fear of gang retaliation

gov't investigation not in criminal context

witness against oneself

mental math questions

NOT

routine booking questions

blood sample or physical evidence

slurred speech - communicate only physical characteristics

handwriting/voice sample

lineup

wear particular clothing

critical stage - r2c attaches

NON CUSTODIAL INTERVIEW

CUSTODIAL INTERVIEW

must expressly invoke - Salinas plurality

BUT NOT REQ IF

Miranda - if no warnings, don't need to invoke

absolute right not to testify at trial - GRIFFIN

forms

threats

cannot be asserted by corporations - neither custodians of corporate documents

Required Records

Act of production

testimonial regarding: existence, authenticity, possession

contents of docs are not protected by privilege

But if foregone conclusion, no 5A rights

ACT OF PRODUCTION: existence, authenticity, possession

unless assumed custodial duties relating to production + non criminal regulatory regime

not where functionally interrogatories/contents of mind