Gilbert v. California

Gilbert v. California
Argued February 15–16, 1967
Decided June 12, 1967
Full case nameGilbert v. California
Citations388 U.S. 263 (more)
87 S. Ct. 1951; 18 L. Ed. 2d 1178; 1967 U.S. LEXIS 1086
Case history
PriorPeople v. Gilbert, 63 Cal. 2d 690, 408 P.2d 365 (1965); cert. granted, 384 U.S. 985 (1966).
Holding
A mere handwriting exemplar, in contrast with the content of what is written, is an identifying physical characteristic outside the Fifth Amendment protection against self-incrimination.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityBrennan, joined by Clark (in full); Warren, Douglas (Parts II and IV); Harlan, Stewart, White (all but Part IV); Fortas (all but Part I)
Concur/dissentWarren
Concur/dissentBlack
Concur/dissentDouglas
Concur/dissentWhite, joined by Harlan, Stewart
Concur/dissentFortas, joined by Warren

Gilbert v. California, 388 U.S. 263 (1967), was an important decision of the Supreme Court of the United States, which was argued February 15–16, 1967, and decided June 12, 1967.

The case involved Fourth Amendment and Fifth Amendment rights, the taking of handwriting exemplars, in-court identifications and warrantless searches.