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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I didn't give my consent to give fingerprints can the magistrate

Customer Question

If I didn't give my consent to give fingerprints can the magistrate overturn that?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you tell us what is going on? You did not give consent to whom for your fingerprints? Please explain.
Customer: replied 1 year ago.
The military police
Customer: replied 1 year ago.
They said they have provable cause so they don't need my consent
Customer: replied 1 year ago.
Probable
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, you need to tell me the whole story about what happened so I can provide you the proper information and not just bits and pieces. I would sincerely ***** ***** since it is not illegal to take someone's fingerprints in general.
Customer: replied 1 year ago.
Apparently I stole a vehicle, which I didn't, and this investigation is on going. I haven't been arrested bit I've been asked in twice .
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.
The US Supreme Court has held that the taking of fingerprints or other non-invasive identification techniques (such as being placed in a line up) is not compelling someone to give a statement contrary to their rights under the Fifth Amendment of the US Constitution and it is the gathering of evidence, which is not a statement.
Thus, the fact that you did not give your consent to take the fingerprints would not be a basis for the judge to dismiss charges or throw out evidence. You have a right under the Fifth Amendment to make no statements to the authorities and you have a right under the Sixth Amendment to counsel and you can have free counsel appointed if you cannot afford counsel before undergoing any questioning or giving of any statement.
Those are your rights and if they try to make you come in a third time you need to insist on your right to counsel and should not make any statements to them at all. However, fingerprints again are not a statement so therefore your consent was not needed for them to obtain them if they have some reason to believe you were the party who committed the offense they are investigating.