dionisio
argued
november
decided
january
grand
jury
subpoenaed
persons
including
respondent
give
voice
exemplars
identification
purposes
respondent
fourth
fifth
amendment
grounds
refused
comply
district
rejected
claims
adjudged
respondent
contempt
appeals
agreed
rejecting
respondent
fifth
amendment
claim
reversed
ground
fourth
amendment
required
preliminary
showing
reasonableness
grand
jury
witness
compelled
furnish
voice
exemplar
proposed
seizures
unreasonable
large
number
witnesses
subpoenaed
produce
exemplars
held
compelled
production
voice
exemplars
violate
fifth
amendment
privilege
compulsory
since
used
identification
purposes
testimonial
communicative
content
utterances
pp
respondent
fourth
amendment
claim
also
invalid
pp
subpoena
compel
person
appear
grand
jury
constitute
seizure
within
meaning
fourth
amendment
fact
many
others
besides
respondent
ordered
give
voice
recordings
render
subpoena
unconstitutional
davis
mississippi
distinguished
pp
grand
jury
directive
make
voice
recording
infringed
valid
fourth
amendment
interest
pp
since
neither
summons
appear
grand
jury
directive
give
voice
exemplar
contravened
fourth
amendment
appeals
erred
requiring
preliminary
showing
reasonableness
respondent
compelled
furnish
exemplar
pp
stewart
delivered
opinion
burger
white
blackmun
powell
rehnquist
joined
brennan
filed
opinion
concurring
part
dissenting
part
post
douglas
post
marshall
post
filed
dissenting
opinions
philip
lacovara
argued
cause
brief
solicitor
general
griswold
assistant
attorney
general
petersen
wm
bradford
reynolds
beatrice
rosenberg
sidney
glazer
john
powers
crowley
argued
cause
filed
brief
respondent
justice
stewart
delivered
opinion
special
grand
jury
convened
northern
district
illinois
february
investigate
possible
violations
federal
criminal
statutes
relating
gambling
course
investigation
grand
jury
received
evidence
certain
voice
recordings
obtained
pursuant
orders
grand
jury
subpoenaed
approximately
persons
including
respondent
dionisio
seeking
obtain
voice
exemplars
comparison
recorded
conversations
received
evidence
witness
advised
potential
defendant
criminal
prosecution
asked
examine
transcript
intercepted
conversation
go
nearby
office
attorney
read
transcript
recording
device
witnesses
advised
allowed
attorneys
present
read
transcripts
dionisio
witnesses
refused
furnish
voice
exemplars
asserting
disclosures
violate
rights
fourth
fifth
amendments
government
filed
separate
petitions
district
compel
dionisio
witnesses
furnish
voice
exemplars
grand
jury
petitions
stated
exemplars
essential
necessary
grand
jury
investigation
used
solely
standard
comparison
order
determine
whether
witness
person
whose
voice
intercepted
following
hearing
district
judge
rejected
witnesses
constitutional
arguments
ordered
comply
grand
jury
request
reasoned
voice
exemplars
like
handwriting
exemplars
fingerprints
testimonial
communicative
evidence
consequently
order
produce
compel
witness
testify
district
judge
also
found
fourth
amendment
violation
grand
jury
subpoena
violate
fourth
amendment
order
produce
voice
exemplars
involve
unreasonable
search
seizure
within
proscription
amendment
witnesses
lawfully
grand
jury
pursuant
subpoena
fourth
amendment
prohibition
unreasonable
search
seizure
applies
identifying
physical
characteristics
fingerprints
obtained
result
unlawful
detention
suspect
intrusion
body
blood
test
undertaken
without
warrant
absent
emergency
situation
davis
mississippi
schmerber
california
appeals
seventh
circuit
reversed
agreed
district
rejecting
fifth
amendment
claims
concluded
compel
voice
recordings
violate
fourth
amendment
view
grand
jury
seeking
obtain
voice
exemplars
witnesses
use
subpoena
powers
probable
cause
exist
arrest
less
unusual
method
compelling
production
exemplars
found
fourth
amendment
applied
grand
jury
process
fourth
amendment
law
enforcement
officials
may
compel
production
physical
evidence
absent
showing
reasonableness
seizure
davis
mississippi
ibid
davis
held
error
admit
petitioner
fingerprints
evidence
trial
rape
obtained
police
detention
following
lawless
wholesale
roundup
petitioner
youths
equating
procedures
followed
grand
jury
present
case
fingerprint
detentions
davis
appeals
reasoned
dragnet
effect
approximately
twenty
persons
subpoenaed
purposes
identification
invidious
effect
fourth
amendment
rights
practice
condemned
davis
view
clear
conflict
decision
one
appeals
second
circuit
granted
government
petition
certiorari
appeals
correctly
rejected
contention
compelled
production
voice
exemplars
violate
fifth
amendment
long
held
compelled
display
identifiable
physical
characteristics
infringes
interest
protected
privilege
compulsory
holt
justice
holmes
writing
dismissed
extravagant
extension
fifth
amendment
argument
violated
privilege
require
defendant
put
blouse
identification
purposes
explained
prohibition
compelling
man
criminal
witness
prohibition
use
physical
moral
compulsion
extort
communications
exclusion
body
evidence
may
material
recently
schmerber
california
relied
holt
noted
oth
federal
state
courts
usually
held
privilege
offers
protection
compulsion
submit
fingerprinting
photographing
measurements
write
speak
identification
appear
stand
assume
stance
walk
make
particular
gesture
distinction
emerged
often
expressed
different
ways
privilege
bar
compelling
communications
testimony
compulsion
makes
suspect
accused
source
real
physical
evidence
violate
omitted
cases
led
us
conclude
gilbert
california
handwriting
exemplars
protected
privilege
compulsory
ne
voice
handwriting
course
means
communication
held
mere
handwriting
exemplar
contrast
content
written
like
voice
body
identifying
physical
characteristic
outside
protection
similarly
wade
found
error
compelling
defendant
accused
bank
robbery
utter
lineup
words
allegedly
spoken
robber
accused
required
use
voice
identifying
physical
characteristic
speak
guilt
wade
gilbert
definitively
refute
contention
compelled
production
voice
exemplars
case
violate
fifth
amendment
voice
recordings
used
solely
measure
physical
properties
witnesses
voices
testimonial
communicative
content
said
ii
appeals
held
fourth
amendment
required
preliminary
showing
reasonableness
grand
jury
witness
compelled
furnish
voice
exemplar
case
proposed
seizures
voice
exemplars
unreasonable
large
number
witnesses
summoned
grand
jury
directed
produce
exemplars
disagree
fourth
amendment
guarantees
people
shall
secure
persons
houses
papers
effects
unreasonable
searches
seizures
fourth
amendment
violation
present
setting
must
rest
lawless
governmental
intrusion
upon
privacy
persons
rather
interference
property
relationships
private
papers
schmerber
california
see
doe
schwartz
terry
ohio
explained
protection
afforded
persons
terms
statement
katz
fourth
amendment
protects
people
places
concluded
wherever
individual
may
harbor
reasonable
expectation
privacy
entitled
free
unreasonable
governmental
intrusion
terry
ohio
supra
made
clear
schmerber
supra
obtaining
physical
evidence
person
involves
potential
fourth
amendment
violation
two
different
levels
seizure
person
necessary
bring
contact
government
agents
see
davis
mississippi
subsequent
search
seizure
evidence
schmerber
found
initial
seizure
accused
justified
lawful
arrest
subsequent
seizure
blood
sample
body
reasonable
light
exigent
circumstances
terry
concluded
neither
initial
seizure
person
investigatory
stop
policeman
subsequent
search
patdown
outer
clothing
weapons
constituted
violation
fourth
fourteenth
amendments
constitutionality
compulsory
production
exemplars
grand
jury
witness
necessarily
turns
dual
inquiry
whether
either
initial
compulsion
person
appear
grand
jury
subsequent
directive
make
voice
recording
unreasonable
seizure
within
meaning
fourth
amendment
clear
subpoena
appear
grand
jury
seizure
fourth
amendment
sense
even
though
summons
may
inconvenient
burdensome
last
term
acknowledged
long
recognized
itizens
generally
constitutionally
immune
grand
jury
subpoenas
branzburg
hayes
concluded
although
powers
grand
jury
unlimited
subject
supervision
judge
longstanding
principle
public
right
every
man
evidence
except
persons
protected
constitutional
statutory
privilege
bryan
blackmer
wigmore
evidence
mcnaughton
rev
particularly
applicable
grand
jury
proceedings
compulsion
exerted
grand
jury
subpoena
differs
seizure
effected
arrest
even
investigative
stop
civic
obligation
judge
friendly
wrote
appeals
second
circuit
latter
abrupt
effected
force
threat
often
demeaning
circumstances
case
arrest
results
record
involving
social
stigma
subpoena
served
manner
legal
process
involves
stigma
whatever
time
appearance
inconvenient
generally
altered
remains
times
control
supervision
doe
schwartz
case
thus
quite
different
davis
mississippi
supra
appeals
primarily
relied
davis
initial
seizure
lawless
dragnet
detention
violated
fourth
fourteenth
amendments
taking
fingerprints
noted
nvestigatory
seizures
subject
unlimited
numbers
innocent
persons
harassment
ignominy
incident
involuntary
detention
left
open
question
whether
consistently
fourth
fourteenth
amendments
narrowly
circumscribed
procedures
might
developed
obtaining
fingerprints
people
probable
cause
arrest
davis
plainly
inapposite
case
initial
restraint
infringe
fourth
amendment
say
grand
jury
subpoena
talisman
dissolves
constitutional
protections
grand
jury
require
witness
testify
require
production
person
private
books
records
incriminate
see
boyd
fourth
amendment
provides
protection
grand
jury
subpoena
duces
tecum
sweeping
terms
regarded
reasonable
hale
henkel
cf
oklahoma
press
publishing
walling
last
term
context
first
amendment
claim
indicated
constitution
tolerate
transformation
grand
jury
instrument
oppression
official
harassment
press
undertaken
purposes
law
enforcement
disrupt
reporter
relationship
news
sources
justification
grand
juries
subject
judicial
control
subpoenas
motions
quash
expect
courts
forget
grand
juries
must
operate
within
limits
first
amendment
well
fifth
branzburg
hayes
see
also
powell
concurring
faced
constitutional
infirmities
subpoena
appear
grand
jury
order
make
voice
recordings
said
valid
fifth
amendment
claim
order
produce
private
books
papers
sweeping
subpoena
duces
tecum
even
branzburg
extended
beyond
first
amendment
moorings
tied
generalized
due
process
concept
still
indication
case
kind
harassment
concern
appeals
found
critical
significance
fact
grand
jury
summoned
approximately
witnesses
furnish
voice
exemplars
think
fact
basically
irrelevant
constitutional
issues
grand
jury
may
attempting
identify
number
voices
tapes
evidence
might
summoned
witnesses
effort
identify
one
voice
whatever
case
grand
jury
investigation
fully
carried
every
available
clue
run
witnesses
examined
every
proper
way
find
crime
committed
stone
see
also
wood
georgia
recalled
last
term
task
inquire
existence
possible
criminal
conduct
return
indictments
investigative
powers
necessarily
broad
branzburg
hayes
supra
grand
jury
may
well
find
desirable
call
numerous
witnesses
course
investigation
follow
witness
may
resist
subpoena
ground
many
witnesses
called
neither
order
dionisio
appear
order
make
voice
recording
rendered
unreasonable
fact
many
others
subjected
compulsion
conclusion
dionisio
compulsory
appearance
grand
jury
unreasonable
seizure
answer
first
part
fourth
amendment
inquiry
dionisio
argues
grand
jury
subsequent
directive
make
voice
recording
infringement
rights
fourth
amendment
accept
argument
katz
supra
said
fourth
amendment
provides
protection
person
knowingly
exposes
public
even
home
office
physical
characteristics
person
voice
tone
manner
opposed
content
specific
conversation
constantly
exposed
public
like
man
facial
characteristics
handwriting
voice
repeatedly
produced
others
hear
person
reasonable
expectation
others
know
sound
voice
reasonably
expect
face
mystery
world
appeals
second
circuit
stated
except
rare
recluse
chooses
live
life
complete
solitude
daily
lives
constantly
speak
write
content
communication
entitled
fourth
amendment
protection
underlying
identifying
characteristics
constant
factor
throughout
public
private
communications
open
see
hear
basis
constructing
wall
privacy
grand
jury
exist
casual
contacts
strangers
hence
intrusion
individual
privacy
results
compelled
execution
handwriting
voice
exemplars
nothing
exposed
grand
jury
previously
exposed
public
large
doe
schwartz
since
neither
summons
appear
grand
jury
directive
make
voice
recording
infringed
upon
interest
protected
fourth
amendment
justification
requiring
grand
jury
satisfy
even
minimal
requirement
reasonableness
imposed
appeals
see
doe
schwartz
supra
grand
jury
broad
investigative
powers
determine
whether
crime
committed
committed
jurors
may
act
tips
rumors
evidence
offered
prosecutor
personal
knowledge
branzburg
hayes
grand
jury
witness
entitled
set
limits
investigation
grand
jury
may
conduct
blair
sufficient
basis
indictment
may
emerge
end
investigation
evidence
received
impossible
conceive
examination
witnesses
must
stopped
basis
laid
indictment
formally
preferred
object
examination
ascertain
shall
indicted
hale
henkel
fifth
amendment
guarantees
civilian
may
brought
trial
infamous
crime
unless
presentment
indictment
grand
jury
constitutional
guarantee
presupposes
investigative
body
acting
independently
either
prosecuting
attorney
judge
stirone
whose
mission
clear
innocent
less
bring
trial
may
guilty
holding
saddle
grand
jury
minitrials
preliminary
showings
assuredly
impede
investigation
frustrate
public
interest
fair
expeditious
administration
criminal
laws
cf
ryan
costello
cobbledick
grand
jury
may
always
serve
historic
role
protective
bulwark
standing
solidly
ordinary
citizen
overzealous
prosecutor
even
approach
proper
performance
constitutional
mission
must
free
pursue
investigations
unhindered
external
influence
supervision
long
trench
upon
legitimate
rights
witness
called
since
appeals
found
unreasonable
search
seizure
none
existed
imposed
preliminary
showing
reasonableness
none
required
judgment
reversed
case
remanded
proceedings
consistent
opinion
ordered
dissenting
opinion
justice
douglas
see
post
dissenting
opinion
justice
marshall
see
post
footnotes
decision
district
unreported
life
special
grand
jury
months
extended
additional
months
also
rejected
argument
grand
jury
procedure
violated
witnesses
sixth
amendment
right
counsel
found
contention
particularly
without
merit
view
option
afforded
witnesses
attorneys
present
made
voice
recordings
doe
schwartz
affirming
civil
contempt
judgment
grand
jury
witness
refusal
furnish
handwriting
exemplars
appeals
seventh
circuit
appears
recanted
somewhat
clear
correct
holding
present
case
compelled
production
voice
exemplars
violate
privilege
compulsory
subsequently
explaining
holding
qualified
nevertheless
witnesses
potential
defendants
since
purpose
voice
exemplars
identify
voices
obtained
fbi
agents
pursuant
wiretap
impact
compelled
exemplars
clear
thus
compelled
exemplars
odds
spirit
fifth
amendment
fifth
amendment
illuminates
fourth
see
boyd
fourth
amendment
violation
appears
readily
immunity
granted
dionisio
immunity
yet
granted
fraser
see
generally
kastigar
blair
wigmore
evidence
mcnaughton
rev
obligation
appear
different
person
may
subject
grand
jury
inquiry
see
doe
schwartz
winter
judge
weinfeld
correctly
characterized
davis
another
application
principle
fourth
amendment
applies
searches
seizures
person
matter
scope
duration
held
circumstances
presented
detention
sole
purpose
fingerprinting
violation
fourth
amendment
ban
unreasonable
search
seizure
thom
new
york
stock
exchange
supp
omitted
see
also
allen
cupp
boyd
concerned
motion
produce
invoices
forfeiture
trial
treated
equivalent
subpoena
duces
tecum
hale
henkel
applied
boyd
context
grand
jury
subpoena
noted
supra
valid
comparison
detentions
youths
davis
grand
jury
subpoenas
witnesses
dragnet
detentions
police
constitute
substantial
intrusions
fourth
fourteenth
amendment
rights
youths
davis
person
justifiable
expectation
immunity
grand
jury
subpoena
grand
jury
grand
inquest
body
powers
investigation
inquisition
scope
whose
inquiries
limited
narrowly
questions
propriety
forecasts
probable
result
investigation
doubts
whether
particular
individual
found
properly
subject
accusation
crime
said
identity
offender
precise
nature
offense
one
normally
developed
conclusion
grand
jury
labors
beginning
hendricks
blair
hale
henkel
found
standard
met
noted
supra
case
fourth
amendment
infringed
overly
broad
subpoena
produce
books
papers
justice
marshall
dissent
post
suggests
preliminary
showing
reasonableness
required
grand
jury
subpoenas
witness
appear
produce
handwriting
voice
exemplars
subpoenas
appear
testify
distinction
finds
support
constitution
dissent
argues
potential
fourth
amendment
violation
case
subpoenaed
grand
jury
witness
asserted
intrusiveness
initial
subpoena
appear
possible
stigma
grand
jury
appearance
inconvenience
official
restraint
initial
directive
appear
intrusive
witness
called
simply
testify
summoned
produce
physical
evidence
institution
adopted
country
continued
considerations
similar
give
chief
value
england
designed
means
bringing
trial
persons
accused
public
offences
upon
grounds
also
means
protecting
citizen
unfounded
accusation
whether
comes
government
prompted
partisan
passion
private
enmity
person
shall
required
according
fundamental
law
country
except
cases
mentioned
answer
higher
crimes
unless
body
consisting
less
sixteen
good
lawful
men
selected
body
district
shall
declare
upon
careful
deliberation
solemnity
oath
good
reason
accusation
trial
ex
parte
bain
quoting
grand
jury
charge
justice
field
see
also
wood
georgia
possibilities
delay
caused
requiring
initial
showings
reasonableness
illustrated
appeals
subsequent
decision
september
grand
jury
rev
sub
nom
mara
post
held
government
required
show
adversary
hearing
request
exemplars
reasonable
reasonableness
included
proof
exemplars
obtained
sources