CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Interests & Things Protected/Not Protected
............Testimonial Compulsion
4 Cards On This Topic:
  • Requirement that D produce weapon suspected in crime is in nature of testimonial compulsion and violates Fifth Amendment.
  • Act of producing document privileged; government subpoena compels holder of document to perform act with testimonial aspects and incriminating effect; cannot compel without use immunity.
  • Requirement that driver involved in accident divulge name and address does not violate Fifth Amendment; requirement is neutral act required by regulatory statute; not "testimonial."
  • CANRA does not impose a mandatory duty on police officer who abuses a child to report that abuse as it would require officer to forfeit his Fifth Amend. privilege against self-incrimination.