Report No. 87
Model Code of Pre-arrangement procedure.- It would appear on the whole that specific legal authority would be required for compulsory measures of identification. This position, if not expressly or elaborately discussed, seems to have been impliedly accepted in U.S.A. in recent times. For example, the Model Code of Pre-arrangement procedure adopted by the American Law Institute permits the taking of fingerprints of arrested persons for the purpose of investigation at the stage before commencement of trial11.
The American Law Institute has proposed12 that the courts generally should be empowered to issue, on grounds of reasonable suspicion, an order to appear for identification procedures, such procedures to include fingerprints, blood or urine samples, identification material that may be on the surface of the body or under finger¬nails, and procedures to obtain witness identification through line-ups, photographs, voice samples or handwriting exemplars.
1. Moreland Criminal Procedure, (1969), p. 76, citing the leading case of United States v. Kelly,
2. Schmerber v. California, (1967) 384 US 757.
3. Gilbert v. California, (1967) 338 US 263.
4. See Voice-prints, infra and United States v. Wade, (1967) 388 US 218.
5. American Jurisprudence, 2nd Edn., Vol. 21, Criminal Law, pp. 393-394, Articles 369-370.
6. See American Jurisprudence, 1st Edn.-Privacy, Article 27.
7. United States v. Kelly, (CA 2) 55 F 2d 67, cited in the American Jurisprudence, 2nd Edn., Vol. 21, Criminal Law.
8. Shannon v. State, 207 Ark 658, cited in the American Jurisprudence, 2nd Edn., Vol 21 Criminal Law, pp. 393-394, Articles 369-370.
9. Filder v. Murphy, 113 NTS 2d 288, cited in the American Jurisprudence, 2nd Edn., Vol. 21, Criminal Law, pp. 393-394.
10. See also cases cited in Black Law Dictionary, (1914), Vol. 2, p. 2586, under Physical Examination.
11. Section 5.01, Model Code of Pre-arrangement Procedure (American Law Institute).
12. Departmental Committee on Evidence of Identification in Criminal Cases, (1976), p. 194.