pennsylvania
muniz
argued
february
decided
june
respondent
muniz
arrested
driving
influence
alcohol
pennsylvania
highway
without
advised
rights
miranda
arizona
taken
booking
center
routine
practice
told
actions
voice
videotaped
answered
seven
questions
regarding
name
address
height
weight
eye
color
date
birth
current
age
stumbling
two
responses
also
asked
unable
give
date
sixth
birthday
addition
made
several
incriminating
statements
performed
physical
sobriety
tests
asked
submit
breathalyzer
test
refused
take
breathalyzer
test
advised
first
time
miranda
rights
video
audio
portions
tape
admitted
trial
convicted
motion
new
trial
ground
excluded
inter
alia
videotape
denied
pennsylvania
superior
reversed
finding
videotape
sobriety
testing
exhibited
physical
rather
testimonial
evidence
within
meaning
fifth
amendment
concluded
muniz
answers
questions
verbalizations
testimonial
thus
audio
portion
tape
suppressed
entirety
held
judgment
vacated
remanded
super
vacated
remanded
justice
brennan
delivered
opinion
respect
parts
ii
iv
concluding
muniz
response
sixth
birthday
question
constitutes
testimonial
response
custodial
interrogation
purposes
clause
fifth
amendment
pp
privilege
protects
accused
compelled
testify
otherwise
provide
state
evidence
testimonial
communicative
nature
schmerber
california
compelled
state
produce
real
physical
evidence
testimonial
communication
must
explicitly
implicitly
relate
factual
assertion
disclose
information
doe
pp
muniz
answers
direct
questions
rendered
inadmissible
miranda
merely
slurred
nature
speech
incriminating
schmerber
progeny
slurring
speech
evidence
lack
muscular
coordination
revealed
responses
constitute
nontestimonial
components
responses
requiring
suspect
reveal
physical
manner
articulates
words
like
requiring
reveal
physical
properties
sound
voice
reading
transcript
see
dionisio
without
compel
provide
testimonial
response
purpose
privilege
pp
however
muniz
response
sixth
birthday
question
incriminating
delivery
also
content
answer
supported
inference
mental
state
confused
response
testimonial
required
communicate
express
implied
assertion
fact
belief
thus
confronted
trilemma
truth
falsity
silence
historical
abuse
privilege
aimed
hypothesis
custodial
interrogation
inherently
coercive
environment
precluded
option
remaining
silent
left
choice
incriminating
admitting
truth
know
date
sixth
birthday
answering
untruthfully
reporting
date
know
accurate
also
incriminating
since
state
holdings
sixth
birthday
question
constituted
unwarned
interrogation
muniz
answer
incriminating
challenged
testimonial
response
suppressed
pp
muniz
incriminating
utterances
sobriety
breathalyzer
tests
prompted
interrogation
within
meaning
miranda
suppressed
officer
dialogue
muniz
concerning
physical
sobriety
tests
consisted
primarily
carefully
scripted
instructions
tests
performed
likely
perceived
calling
verbal
response
therefore
words
actions
constituting
custodial
interrogation
muniz
incriminating
utterances
voluntary
officer
administering
breathalyzer
test
also
carefully
limited
role
providing
muniz
relevant
information
test
implied
consent
law
questioned
whether
understood
instructions
wished
submit
test
limited
focused
inquiries
necessarily
attendant
legitimate
police
procedure
likely
perceived
calling
incriminating
response
pp
justice
brennan
joined
justice
justice
scalia
justice
kennedy
concluded
part
first
seven
questions
asked
muniz
fall
outside
miranda
protections
need
suppressed
although
constituted
custodial
interrogation
see
rhode
island
innis
nonetheless
admissible
questions
asked
purposes
therefore
fall
within
routine
booking
question
exception
exempts
miranda
coverage
questions
secure
data
necessary
complete
booking
pretrial
services
horton
pp
chief
justice
joined
justice
white
justice
blackmun
justice
stevens
concluded
muniz
responses
booking
questions
testimonial
therefore
warrant
application
privilege
michael
eakin
argued
cause
filed
brief
petitioner
richard
maffett
argued
cause
filed
brief
respondent
solicitor
general
starr
assistant
attorney
general
dennis
deputy
solicitor
general
bryson
christopher
wright
filed
brief
amicus
curiae
urging
reversal
justice
brennan
delivered
opinion
except
part
must
decide
case
whether
various
incriminating
utterances
suspect
made
performing
series
sobriety
tests
constitute
testimonial
responses
custodial
interrogation
purposes
clause
fifth
amendment
early
morning
hours
november
patrol
officer
spotted
respondent
inocencio
muniz
passenger
parked
car
shoulder
highway
officer
inquired
whether
muniz
needed
assistance
muniz
replied
stopped
car
urinate
officer
smelled
alcohol
muniz
breath
observed
muniz
eyes
glazed
bloodshot
face
flushed
officer
directed
muniz
remain
parked
condition
improved
muniz
gave
assurances
officer
returned
vehicle
muniz
drove
officer
pursued
muniz
highway
pulled
officer
asked
muniz
perform
three
standard
field
sobriety
tests
horizontal
gaze
nystagmus
test
walk
turn
test
one
leg
stand
test
muniz
performed
tests
poorly
informed
officer
failed
tests
drinking
patrol
officer
arrested
muniz
transported
west
shore
facility
cumberland
country
central
booking
center
following
routine
practice
receiving
persons
suspected
driving
intoxicated
booking
center
videotaped
ensuing
proceedings
muniz
informed
actions
voice
recorded
time
previously
advised
rights
miranda
arizona
officer
hosterman
first
asked
muniz
name
address
height
weight
eye
color
date
birth
current
age
responded
questions
stumbling
address
age
officer
asked
muniz
know
date
sixth
birthday
muniz
offered
inaudible
reply
officer
repeated
turned
six
years
old
remember
date
muniz
responded
officer
hosterman
next
requested
muniz
perform
three
sobriety
tests
muniz
asked
perform
earlier
initial
roadside
stop
videotape
reveals
eyes
jerked
noticeably
gaze
test
walk
straight
line
balance
one
leg
several
seconds
latter
two
tests
complete
requested
verbal
counts
moreover
performing
tests
muniz
attempted
explain
difficulties
performing
various
tasks
often
requested
clarification
tasks
perform
super
finally
officer
deyo
asked
muniz
submit
breathalyzer
test
designed
measure
alcohol
content
expelled
breath
officer
deyo
read
muniz
implied
consent
law
cons
stat
explained
law
refusal
take
test
result
automatic
suspension
driver
license
one
year
muniz
asked
number
questions
law
commenting
process
state
inebriation
muniz
ultimately
refused
take
breath
test
point
muniz
first
time
advised
miranda
rights
muniz
signed
statement
waiving
rights
admitted
response
questioning
driving
intoxicated
video
audio
portions
videotape
admitted
evidence
muniz
bench
trial
along
arresting
officer
testimony
muniz
failed
roadside
sobriety
tests
made
incriminating
remarks
time
muniz
convicted
driving
influence
alcohol
violation
cons
stat
muniz
filed
motion
new
trial
contending
excluded
testimony
relating
field
sobriety
tests
videotape
taken
booking
center
incriminating
completed
prior
muniz
receiving
miranda
warnings
app
pet
cert
trial
denied
motion
holding
requesting
driver
suspected
driving
influence
alcohol
perform
physical
tests
take
breath
analysis
violate
privilege
evidence
procured
physical
nature
rather
testimonial
therefore
miranda
warnings
required
quoting
commonwealth
benson
super
appeal
superior
pennsylvania
reversed
appellate
agreed
muniz
asked
submit
field
sobriety
test
later
perform
tests
videotape
camera
miranda
warnings
required
sobriety
tests
elicit
physical
rather
testimonial
evidence
within
meaning
fifth
amendment
pa
concluded
however
physical
nature
tests
begins
yield
testimonial
communicative
statements
protections
afforded
miranda
invoked
ibid
explained
muniz
answer
question
regarding
sixth
birthday
statements
inquiries
made
performing
physical
dexterity
tests
discussing
breathalyzer
test
precisely
sort
testimonial
evidence
expressly
protected
previous
cases
reveal
ed
thought
processes
explained
one
muniz
utterances
spontaneous
voluntary
verbalizations
rather
clearly
compelled
questions
instructions
presented
detention
booking
center
since
responses
communications
elicited
muniz
received
miranda
warnings
excluded
evidence
concluding
audio
portion
videotape
suppressed
entirety
reversed
muniz
conviction
remanded
case
new
trial
pennsylvania
denied
commonwealth
application
review
granted
certiorari
ii
clause
fifth
amendment
provides
person
shall
compelled
criminal
case
witness
although
text
delineate
ways
person
might
made
witness
cf
schmerber
california
long
held
privilege
protect
suspect
compelled
state
produce
real
physical
evidence
rather
privilege
protects
accused
compelled
testify
otherwise
provide
state
evidence
testimonial
communicative
nature
order
testimonial
accused
communication
must
explicitly
implicitly
relate
factual
assertion
disclose
information
person
compelled
witness
doe
miranda
arizona
reaffirmed
previous
understanding
privilege
protects
individuals
legal
compulsion
testify
criminal
courtroom
also
informal
compulsion
exerted
officers
questioning
course
voluntary
statements
offered
police
officers
remain
proper
element
law
enforcement
without
proper
safeguards
process
interrogation
persons
suspected
accused
crime
contains
inherently
compelling
pressures
work
undermine
individual
resist
compel
speak
otherwise
freely
accordingly
held
protection
privilege
pretrial
questioning
requires
application
special
procedural
safeguards
prior
questioning
person
must
warned
right
remain
silent
statement
make
may
used
evidence
right
presence
attorney
either
retained
appointed
ibid
unless
suspect
voluntarily
knowingly
intelligently
waives
rights
incriminating
responses
questioning
may
introduced
evidence
prosecution
case
chief
subsequent
criminal
proceeding
case
implicates
testimonial
compulsion
components
privilege
context
pretrial
questioning
muniz
advised
miranda
rights
videotaped
proceedings
booking
center
completed
verbal
statements
testimonial
nature
elicited
custodial
interrogation
suppressed
focus
first
muniz
responses
initial
informational
questions
questions
utterances
performing
physical
dexterity
balancing
tests
finally
questions
utterances
surrounding
breathalyzer
test
iii
initial
phase
recorded
proceedings
officer
hosterman
asked
muniz
name
address
height
weight
eye
color
date
birth
current
age
date
sixth
birthday
delivery
content
muniz
answers
incriminating
state
found
muniz
videotaped
responses
certainly
led
finder
fact
infer
confusion
failure
speak
clearly
indicated
state
drunkenness
prohibited
safely
operating
vehicle
pa
commonwealth
argues
however
admission
muniz
answers
questions
contravene
fifth
amendment
principles
muniz
statement
regarding
sixth
birthday
testimonial
answers
prior
questions
elicited
custodial
interrogation
consider
arguments
turn
agree
commonwealth
contention
muniz
answers
rendered
inadmissible
miranda
merely
slurred
nature
speech
incriminating
physical
inability
articulate
words
clear
manner
due
lack
muscular
coordination
tongue
mouth
brief
petitioner
testimonial
component
muniz
responses
officer
hosterman
introductory
questions
schmerber
california
supra
drew
distinction
testimonial
real
physical
evidence
purposes
privilege
noted
holt
justice
holmes
written
prohibition
compelling
man
criminal
witness
prohibition
use
physical
moral
compulsion
extort
communications
exclusion
body
evidence
may
material
also
acknowledged
federal
state
courts
usually
held
offers
protection
compulsion
submit
fingerprinting
photographing
measurements
write
speak
identification
appear
stand
assume
stance
walk
make
particular
gesture
embracing
view
privilege
contours
held
privilege
bar
compelling
communications
testimony
compulsion
makes
suspect
accused
source
real
physical
evidence
violate
ibid
using
helpful
framework
analysis
held
person
suspected
driving
intoxicated
forced
provide
blood
sample
sample
real
physical
evidence
outside
scope
privilege
sample
obtained
manner
etitioner
testimonial
capacities
way
implicated
since
applied
distinction
real
physical
testimonial
evidence
contexts
evidence
produced
volitional
act
part
suspect
wade
held
suspect
compelled
participate
lineup
repeat
phrase
provided
police
witnesses
view
listen
voice
explained
requiring
presence
speech
lineup
reflected
compulsion
accused
exhibit
physical
characteristics
compulsion
disclose
knowledge
might
see
suspect
required
use
voice
identifying
physical
characteristic
gilbert
california
held
suspect
compelled
provide
handwriting
exemplar
explaining
exemplar
contrast
content
written
like
voice
body
identifying
physical
characteristic
outside
privilege
protection
dionisio
held
suspects
compelled
read
transcript
order
provide
voice
exemplar
explaining
voice
recordings
used
solely
measure
physical
properties
witnesses
voices
testimonial
communicative
content
said
schmerber
progeny
agree
commonwealth
slurring
speech
evidence
lack
muscular
coordination
revealed
muniz
responses
officer
hosterman
direct
questions
constitute
nontestimonial
components
responses
requiring
suspect
reveal
physical
manner
articulates
words
like
requiring
reveal
physical
properties
sound
produced
voice
see
dionisio
supra
without
compel
provide
testimonial
response
purposes
privilege
end
inquiry
muniz
answer
sixth
birthday
question
incriminating
delivery
also
answer
content
trier
fact
infer
muniz
answer
know
proper
date
mental
state
confused
commonwealth
amicus
curiae
argue
incriminating
inference
trigger
protections
fifth
amendment
privilege
inference
concerns
physiological
functioning
muniz
brain
brief
petitioner
asserted
every
bit
real
physical
physiological
makeup
blood
timbre
voice
characterization
addresses
wrong
question
fact
inferred
might
said
concern
physical
status
muniz
brain
merely
describes
way
inference
incriminating
correct
question
present
purposes
whether
incriminating
inference
mental
confusion
drawn
testimonial
act
physical
evidence
schmerber
example
held
police
compel
suspect
provide
blood
sample
order
determine
physical
makeup
blood
thereby
draw
inference
whether
intoxicated
compulsion
outside
fifth
amendment
protection
simply
evidence
concerned
suspect
physical
body
rather
evidence
obtained
manner
entail
testimonial
act
part
suspect
even
shadow
testimonial
compulsion
upon
enforced
communication
accused
involved
either
extraction
chemical
analysis
contrast
police
instead
asked
suspect
directly
whether
blood
contained
high
concentration
alcohol
affirmative
response
testimonial
even
though
used
draw
inference
concerning
physiology
see
ibid
blood
test
evidence
neither
suspect
testimony
evidence
relating
communicative
act
case
question
whether
suspect
impaired
mental
faculties
fairly
characterized
aspect
physiology
rather
whether
muniz
response
sixth
birthday
question
gave
rise
inference
impairment
testimonial
nature
recently
explained
doe
order
testimonial
accused
communication
must
explicitly
implicitly
relate
factual
assertion
disclose
information
reached
conclusion
addressing
reasoning
schmerber
supra
progeny
accordingly
held
privilege
implicated
line
cases
beginning
schmerber
suspect
required
disclose
knowledge
might
speak
guilt
wade
see
dionisio
gilbert
extortion
information
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couch
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force
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contents
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curcio
implicates
clause
unless
attempt
made
secure
communication
written
oral
otherwise
upon
reliance
placed
involving
accused
consciousness
facts
operations
mind
expressing
demand
made
upon
testimonial
one
wigmore
definition
testimonial
evidence
reflects
awareness
historical
abuses
privilege
aimed
historically
privilege
intended
prevent
use
legal
compulsion
extract
accused
sworn
communication
facts
incriminate
process
ecclesiastical
courts
star
chamber
inquisitorial
method
putting
accused
upon
oath
compelling
answer
questions
designed
uncover
uncharged
offenses
without
evidence
another
source
major
thrust
policies
undergirding
privilege
prevent
compulsion
citations
omitted
see
also
andresen
maryland
core
privilege
reflects
fierce
unwillingness
subject
suspected
crime
cruel
trilemma
perjury
contempt
doe
citation
omitted
defined
operation
star
chamber
wherein
suspects
forced
choose
revealing
incriminating
private
thoughts
forsaking
oath
committing
perjury
see
nobles
fifth
amendment
privilege
compulsory
protects
private
inner
sanctum
individual
feeling
thought
proscribes
state
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couch
need
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star
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stark
brutality
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suspect
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face
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trilemma
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criminal
trial
sworn
witness
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three
choices
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explained
miranda
choices
analogous
hence
raise
similar
concerns
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else
may
include
therefore
definition
testimonial
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doe
must
encompass
responses
questions
asked
sworn
suspect
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trial
place
suspect
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consistent
recognition
doe
vast
majority
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statements
thus
testimonial
instances
verbal
statement
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oral
written
convey
information
assert
facts
whenever
suspect
asked
response
requiring
communicate
express
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belief
suspect
confronts
trilemma
truth
falsity
silence
hence
response
whether
based
truth
falsity
contains
testimonial
component
approach
accords
cases
finding
particular
oral
written
response
express
implied
questioning
nontestimonial
questions
presented
cases
confront
suspects
trilemma
noted
doe
supra
cases
upholding
compelled
writing
voice
exemplars
involve
situations
suspects
asked
communicate
personal
beliefs
knowledge
facts
therefore
suspects
forced
choose
truthfully
falsely
revealing
thoughts
carefully
noted
gilbert
california
example
mere
handwriting
exemplar
contrast
content
written
like
voice
body
identifying
physical
characteristic
outside
privilege
protection
emphasis
added
suspect
asked
provide
writing
sample
composition
content
writing
reflected
assertion
facts
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gilbert
claim
made
content
exemplars
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communicative
matter
doe
suspect
asked
merely
sign
consent
form
waiving
privacy
interest
foreign
bank
records
consent
form
spoke
hypothetical
identify
particular
banks
accounts
private
records
form
neither
communicate
factual
assertions
implicit
explicit
convey
ed
information
government
concluded
therefore
compelled
execution
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question
exception
see
also
illinois
perkins
ante
creating
exception
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custodial
interrogation
undercover
police
officer
posing
suspect
fellow
prison
inmate
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undermine
miranda
fundamental
principle
doctrine
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easily
applied
police
courts
see
miranda
supra
fare
michael
perkins
ante
marshall
dissenting
justice
brennan
position
adopted
majority
necessitate
difficult
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whether
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whether
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whether
information
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despite
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want
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trial
justice
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citation
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influence
pennsylvania
police
regularly
videotape
subsequent
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implies
purpose
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recordkeeping
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fall
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content
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indicate
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smith
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see
also
arizona
mauro
stevens
dissenting
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cf
ante
supra
finds
admission
trial
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impermissible
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trial
fact
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face
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cf
griffin
california
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