NCJ Number
5404
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 63 Issue: 2 Dated: (JUNE 1972) Pages: 267-268
Date Published
1972
Length
2 pages
Annotation
RECENT CASES INVOLVING THE ACQUISITION OF HANDWRITING EXEMPLARS, AND PRISONER RIGHTS.
Abstract
HANDWRITING EXEMPLAR IS INADMISSIBLE EVIDENCE IF IMPROPERLY ACQUIRED. IN ABSENCE OF A SEARCH WARRANT, EXEMPLARS WILL BE EXCLUDED FROM EVIDENCE IF POLICE DO NOT FIRST GIVE MIRANDA WARNINGS TO AN IN-CUSTODY SUSPECT AND OBTAIN HIS VOLUNTARY CONSENT. GRAND JURY DEMANDS FOR EXEMPLARS MUST BE FOUNDED ON REASONABLENESS AND NECESSITY. STATE REMEDIES NEED NOT BE EXHAUSTED FOR A PRISONER TO BRING CIVIL RIGHTS ACTION EVEN THOUGH SUCH ACTION ALSO INCLUDES STATE TORT CLAIMS.