Notice To Appear For Fingeprinting

[BOR]

Carl, here is the case I was talking about on securing a "suspect's" fingerprints, warrant wise that is:

p.816:

We also do not abandon the suggestion in Davis and Dunaway that, under circumscribed procedures, the Fourth Amendment might permit the judiciary to authorize the seizure of a person on less than probable cause and his removal to the police station for the purpose of fingerprinting. We do not, of course, have such a case before us. [Footnote 3] We do note, however, that some States, in reliance on the suggestion in Davis, have enacted procedures for judicially authorized seizures for the purpose of fingerprinting. The state courts are not in accord on the validity of these efforts to insulate investigative seizures from Fourth Amendment invalidation. Compare People v. Madson, 638 P.2d 18, 31-32 (Colo.1981), with State v. Evans, 215 Neb. 433, 438-439, 338 N.W.2d 788, 792-793 (1983), and In re an Investigation into Death of Abe A., 56 N.Y.2d 288, 295-296, 437 N.E.2d 265, 269 (1982).



http://supreme.justia.com/us/470/811/case.html

[cdwjava]

That case had a slightly different fact set than what we are discussing.

In Hayes, the police in Florida came and essentially arrested him in order to obtain his prints. What we have in CA (and, I suspect, a number of states) is an optional requirement for booking prior to court. When this requirement is invoked, the defendant must appear for booking or he or she will generally be ordered by the court to obtain such booking before the hearing can be held.

In CA the police have an option in order to obtain the booking info - they can hook the defendant and take him or her to jail, or, they can release on the promise to appear and request for booking. The defendant can choose to ignore this booking requirement, but since the court will ask for proof of booking prior to proceeding, all it does is inconvenience the defendant.

- Carl

[BOR]

That case had a slightly different fact set than what we are discussing.

Carl

I know bro, I was just passing the time. At first I did not know he had already received a summons to appear, so that lead me on a hunt!!