Ninth Circuit rules forced hand display violated defendant's Fifth Amendment rights
A federal appeals panel held that a Washington district court erred by compelling a defendant to show his tattooed hands as evidence, violating his right against self-incrimination.
In a recent decision, the Ninth Circuit Court of Appeals determined that a Washington federal district court had wrongly forced a defendant to present his tattooed hands to the jury as a prerequisite for testifying. The panel ruled that this compulsion breached the defendant's Fifth Amendment right to avoid self-incrimination, noting that the visual display of his hands did not constitute testimonial evidence. Consequently, the conviction for Hobbs Act robbery and firearm brandishing was deemed improper.
The appellate judges highlighted that the defendant's hands should not have been subject to cross-examination. The ruling underscores limits on how courts may use non-testimonial evidence in criminal trials. The decision may affect future cases involving similar evidentiary requirements.
Why it matters
It clarifies that non-testimonial evidence like hand displays cannot be forced as a condition for testimony under the Fifth Amendment.
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