What can the State make me produce without violating my Fifth Amendment rights?
While the language of the 5th amendment of the United States Constitution has long been construed to be limited to testimony, the Georgia Constitution has been construed to limit the State from forcing the individual to present evidence, oral or real. However, though the defendant may not be compelled to do an act, such as place his foot in a track or drive his truck onto scales, he can be compelled to allow evidence to be produced from him. He may be required to be fingerprinted, or photographed, or be placed in a lineup to be identified. Here the state was properly permitted to remove a bullet from the defendant’s body. The defendant was not forced to remove the bullet himself; he was forced to submit to having the bullet removed. Creamer v. State 229 Ga. 511 (1972). However, it has been ruled that a state statute which required a motor vehicle operator to drive his vehicle upon a set of scales when ordered to do so by a state agent violates the incrimination clause of the Georgia Constitution. In recent years this concept has been applied to DUI arrests and the requirement to give blood and breath samples. Aldrich v. State, 220 Ga. 132, 137 S.E.2d 463 (1964). Do not make any statements to the police nor consent to anything you don’t have to do if they suspect you of a crime. Do not make the case for them. Instead, call a Douglasville criminal defense lawyer and talk to someone at Howard and A

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