OBTAINING EXEMPLARS WITHOUT PROBABLE CAUSE

• NCJ Number: 19733
• Journal: FBI Law Enforcement Bulletin Volume: 44 Issue: 5 Dated: (MAY 1975) Pages: 16-20
• Author(s): J P BOUTWELL
• Date Published: 1975
• Length: 5 pages
• Corporate Author: Federal Bureau of Investigation
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DISCUSSES TWO METHODS OF COMPELLING A SUSPECT TO SUBMIT NONTESTIMONIAL EVIDENCE IN CASES WHERE NO PROBABLE CAUSE EXISTS FOR ARREST.

Abstract

THESE TWO METHODS INVOLVE OBTAINING A COURT ORDER COMPELLING THE SUSPECT TO SUBMIT THE NECESSARY EXEMPLARS (PROVIDED FOR IN SOME STATES THROUGH LEGISLATION OR COURT-ADOPTED RULE) AND COMPELLING EXEMPLARS THROUGH THE GRAND JURY POWER TO SUBPOENA WITNESSES. UNITED STATES SUPREME COURT AND LOWER FEDERAL COURT RULINGS IN THIS AREA ARE CITED.