Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback
Fifth Amendment privilege against compelled production of private papers
Leading case
Boyd v. United States, 116 U.S. 616 (1886)
How courts have described it
holding that a notice to produce personal papers was “unconstitutional and void, and that the inspection by the district attorney of said invoice, when produced in obedience to said notice, and its admission in evidence by the court, were erroneous and unconstitutional proceedings”
United States v. Harju, Matthew S., 466 F.3d 602 (7th Cir. 2006)
finding that “a compulsory production of the private books and papers” of a person constitutes compelling him “to be a witness against himself, within the meaning of the Fifth Amendment to the Constitution”
In re Grand Jury Subpoena, 144 F.R.D. 357 (D. Minn. 1992)
observing that “we have been unable to perceive that the seizure of a man’s private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself”
United States v. Levasseur, 699 F. Supp. 965 (D. Mass. 1988)
holding that the Fifth Amendment protected a suspect against the compelled production of books and papers
State v. DiStefano, 764 A.2d 1156 (R.I. 2000)
holding that production of a defendant's private papers violated the Fifth Amendment just prior to the adoption of the Washington State Constitution
State v. Curran, 804 P.2d 558 (Wash. 1991)
finding Fourth and Fifth Amendment protections for one's "private papers" reflecting No. 30824-3-III State v. Marquart (Concurrence) business operations
State of Washington v. Torry Anton Marquart (Wash. Ct. App. 2014)
Related doctrines
- Foregone Conclusion Doctrine (Act of Production)
- Privilege Against Compelled Production of Evidence Later Usable Against an Accused
About this page
The quotations above are from court opinions that cite the leading case, in each court's own words. The heading is a short label Annlex generated from those quotations. It has not been reviewed by a lawyer and is not legal advice.