Schoenbrun v. United States

Robert Schoenbrun, defendant-appellant, was convicted of of forging the payee's signature on a Social Security check, in violation
of 18 U.S.C. § 495. At the trial the United States introduced a handwriting sample government agents obtained from Schoenbrun
without giving him the full Miranda warning. At the time, he was confronted with his alleged accomplice in an atmosphere charged
with hostility. The Government's handwriting expert testified that the endorsement on the check was written by the same person
whose handwriting (the exemplar) was submitted to him as being Schoenbrun's. The defendant's expert testified that he could
not positively identify the endorsement as Schoenbrun's. There is much to be said for the appellant's contention that in the
circumstances of this case he was entitled to the Miranda warnings and to the advice of counsel at what to him was a critical
stage in the proceeding -- the point at which it appeared necessary for him to give a sample of his handwriting. However,
Gilbert v. State of California, 1967, 388 U.S. 263, 87 S. Ct. 1951, 1953, 18 L. Ed. 2d 1178, 1182, compels us to hold that
a "handwriting exemplar, in contrast to the content of what is written, like the voice or body itself, is an identifying characteristic
outside [the protection of the Fifth Amendment] and * * * the taking of the exemplars [is] not a 'critical stage' of the criminal
proceedings entitling petitioner to the assistance of counsel". There is no merit to the appellant's contention that the evidence does not support the verdict of the trial court.