Also known as: incriminates · incriminated · incriminating · incrimination · incriminatory · self-incrimination
Written by attorneys · grounded in primary & secondary sources — see below
A statement or act that tends to link a person to the commission of a crime or to supply a lead to evidence of criminal conduct. The connection must be real and appreciable rather than speculative or remote.
Ian Iverson testified on direct about revenue calculations at his firm. On cross-examination the opposing lawyer asked whether Ian had previously skimmed cash from client accounts without reporting the income. Ian's counsel objected and asserted the privilege. The court sustained the objection because the inquiry related only to character for truthfulness.
During a lawful Terry stop, an officer patted down Isaiah Ishikawa and felt a small hard object in his pocket. The officer immediately recognized the object as a crack pipe by its distinctive shape and texture. The officer seized the pipe without further manipulation. The seizure was upheld because the incriminating character was immediately apparent.
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Israel Irving was taken into custody and questioned for hours about falsifying records. Officers never advised him of his rights. Irving eventually signed a detailed statement admitting the falsifications. The statement was suppressed because it was obtained through custodial interrogation without the required warnings.
Isabella Ingram was subpoenaed before a grand jury and granted use and derivative-use immunity. She still refused to answer questions about her role in a price-fixing scheme. The court ordered her to testify because the immunity eliminated any risk that her answers could be used to incriminate her.
Ibrahim Iqbal was arrested for driving while intoxicated. Officers directed a physician to draw a blood sample without his consent. The results were admitted at trial over his objection. The sample was not testimonial and therefore did not implicate the privilege against self-incrimination.
Ismael Ibrahim was subjected to an unconstitutional search of his apartment. Agents seized documents containing admissions of tax evasion. The documents were suppressed because they were obtained through a Fourth Amendment violation and their use would compel the defendant to incriminate himself.
A question tends to incriminate when a reasonable person in the witness's position would apprehend that an answer could furnish a lead to evidence of criminal conduct. The risk must be real and appreciable rather than speculative. The privilege applies even if the answer would not itself establish guilt.
No. A witness who testifies on another matter does not waive the privilege against self-incrimination for testimony that relates only to character for truthfulness. The court must sustain an objection asserting the privilege in that situation.
No. The privilege protects only testimonial communications. Physical evidence such as blood samples, fingerprints, or handwriting exemplars is not testimonial and therefore does not implicate the privilege against self-incrimination.
…interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any…