What Things Do Not Carry Fifth Amendment Self-incrimination Protection?
A few circumstances exist where the Fifth Amendment does not apply. Mainly, these are: • The use of one’s body to incriminate one’s self. That is, a person cannot disguise themselves to avoid being identified. • The government can invade a person’s body to obtain evidence. The governments need for this evidence must outweigh the individual’s right to privacy. • Examples of incriminating evidence include: footprints, fingerprints, DNA, breath, blood samples, hair, saliva, semen, records, and journal or diary entries. – Strip Searches: require that the government has a reasonable suspicion of criminal activity. They must be conducted by a member of the same gender, and in private. – Body Cavity Searches: must not endanger health, must not cause severe pain or discomfort, must avoid being extremely humiliating or degrading, and cannot produce lasting trauma. Typically, a search warrant is required and the search must be conducted by a medical professional. Do I Need a Constitutional Law A
