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WHITNACK v. UNITED STATES

No. 76-3138.

544 F.2d 1245 (1976)

In re Grand Jury Witness. Nancy (Michelle) WHITNACK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

December 29, 1976.

Attorney(s) appearing for the Case

John Ziegler, Seattle, Wash., for appellant.

Stan Pitkin, U.S. Atty., Seattle, Wash., for appellee.

Before TRASK, GOODWIN and KENNEDY, Circuit Judges.

GOODWIN, Circuit Judge:

The narrow issue in this appeal from an adjudication of contempt and resulting imprisonment is whether a witness may, by the "mere assertion" that her grand-jury subpoena was the primary product of an illegal wiretap, successfully resist the grand jury's demand for nontestimonial evidence, in this case, fingerprints and handwriting samples.

The case does not involve the production of testimonial evidence. See Gelbard v. United States...

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