OCTOBER TERM, 1989
496 U. S.
CERTIORARI TO THE SUPERIOR COURT OF PENNSYLVANIA
Argued February 27, 1990-Decided June 18, 1990
Respondent Muniz was arrested for driving while under the influence of
alcohol on a Pennsylvania highway.
Without being advised of his rights
436, he was taken to a booking
center where, as was the routine practice, he was told that his actions
and voice would be videotaped.
He then answered seven questions re-
garding his name, address, height, weight, eye color, date of birth, and
current age, stumbling over two responses.
He was also asked, and
was unable to give, the date of his sixth birthday.
In addition, he made
several incriminating statements while he performed physical sobriety
tests and when he was asked to submit to a breathalyzer test.
fused to take the breathalyzer test and was advised, for the first time, of
Both the video and audio portions of the tape were
admitted at trial, and he was convicted.
His motion for a new trial on
the ground that the court should have excluded,
The Pennsylvania Superior Court reversed.
ing that the videotape of the sobriety testing exhibited physical rather
than testimonial evidence within the meaning of the Fifth Amendment,
the court concluded that Muniz's answers to questions and his other ver-
balizations were testimonial and, thus, the audio portion of the tape
should have been suppressed in its entirety.
The judgment is vacated and remanded.
377 Pa. Super. 382, 547 A. 2d 419, vacated and remanded.
delivered the opinion of the Court with respect to
11, III-A, III-B, and IV, concluding that only Muniz's response
to the sixth birthday question constitutes a testimonial response to cus-
todial interrogation for purposes of the Self-Incrimination Clause of the
Pp. 588-600, 602-605.
(a) The privilege against self-incrimination protects an "accused only
from being compelled to testify against himself, or otherwise provide the
State with evidence of a testimonial or communicative nature,"
757, 761, but not from being compelled by
the State to produce "real or physical evidence,"
To be testi-
monial, the communication must, "explicitly or implicitly, relate a factual
assertion or disclose information."
487 U. S. 201,
HeinOnline -- 496 U.S. 582 1989