William J. Brennan, Jr.

“ When, as in the present case, the statute requires an individual to admit that he has engaged in conduct likely to be the subject of criminal punishment under the California traffic laws, the requirement in my view may be enforced only if those reporting their involvement in an accident pursuant to the statutory command are immune from prosecution under state law for traffic offenses arising out of the conduct involved in the accident. ”

“ Boyes, 1 B. & S. 311, 330, 121 Eng.Rep. 730, 738 (1861) .↑ Even accepting the proposition that the Fifth Amendment applies only to statutory inquiries directed at persons who can demonstrate membership in a group inherently suspect of criminal activity, I find the plurality opinion confusing in its notion of how one determines the group at which a given statute is directed. Of course, in one sense, every statute not naming the persons or organizations to whom it applies is directed at the public at large. ”

“ My Brother HARLAN, by contrast, recognizes the inadequacy of any such conclusion. In his view, our task is to make the Bill of Rights 'relevant to contemporary conditions' by simply not applying its provisions when we think the Constitution errs. ”

“ Yet the plurality states that it is 'directed at * * * all persons who drive automobiles in California.' Apparently four members of this Court are willing to assume that all California drivers at some time are involved in an automobile accident causing property damage. I would hesitate before making such an assertion.↑ Since the amount of income earned by an individual engaged in crime is usually neither relevant to his prosecution for such crimes nor helpful to police authorities in determining that he committed crimes, this would seem a logical suggestion. ”

“ Of course, if disclosure of the amount of income criminally earned would create a not insubstantial risk of incrimination in any particular case, the privilege would apply.↑ More precisely, the statute required returns only of those who had earned specified amounts of net or gross income, the precise amount depending on the individual's marital status. Revenue Act of 1921, § 223, 42 Stat. 250.↑ 'Technological progress creates an ever-expanding need for governmental information about individuals. ”

“ If, in different circumstances, a taxpayer is not contronted by substantial hazards of self-incrimination * * * nothing we decide today would shield him from the various penalties prescribed by the wagering tax statutes.' 390 U.S., at 61, 88 S.Ct., at 709. ”

“ It seems to have passed unnoticed by the California Legislature as well. The present statute applies to drivers involved in accidents causing property damage. California Vehicle Code § 20012 (Supp.1971) requires similar, albeit more detailed, reports from drivers involved in accidents resulting in either personal injury or death. Yet the California Legislature itself imposed use restrictions upon the use of such reports. Ibid. [11] It is one thing to respect a State's assertion that imposition of a particular requirement will unduly hamper a legitimate state interest. ”