Slavin v. Artus

2010 WL 185108 (2010)

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Slavin v. Artus

United States District Court for the Eastern District of New York
2010 WL 185108 (2010)

  • Written by Sharon Feldman, JD

Facts

Christopher Slavin (defendant) was arrested for brutally attacking two Mexican day laborers. Law-enforcement officials required Slavin to be photographed without his shirt. The photographs showed numerous tattoos depicting white-supremacist symbols and acronyms, including a Nazi swastika, a double lightning bolt, and the Nazi SS symbol. The photographs were shown to the grand jury, which charged Slavin with attempted murder, assault, and aggravated harassment. Slavin moved to dismiss the indictment on grounds that showing the photographs to the grand jury violated his Fourth, Fifth, and Sixth Amendment rights. The court denied the motion and granted the prosecution’s motion to take a second set of photographs, which were introduced at Slavin’s trial. Slavin was convicted. The appellate division and court of appeals affirmed. Slavin filed a habeas corpus petition, arguing that the photographs, which were introduced to demonstrate he was a white supremacist, violated his Fifth Amendment rights; stripping him to obtain testimonial evidence after he advised the authorities that he was represented by counsel violated his Sixth Amendment rights; and requiring him to expose his body to photographs was an unreasonable search that violated his Fourth Amendment rights.

Rule of Law

Issue

Holding and Reasoning (Seybert, J.)

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