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Article: The fifth amendment and compelled production of personal documents after United States v. Hubbell - new protection for private papers?
- Article from:
- American Journal of Criminal Law
- Article date:
- April 1, 2002
- Author:
CopyrightCopyright University of Texas, Austin, School of Law Publications, Inc. Spring 2002. Provided by ProQuest LLC. (Hide copyright information)
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Summary:
This Article addresses a long-unresolved issue in criminal and constitutional law: Does the Fifth Amendment provide any protection against compelled production of incriminating personal documents in the possession of an individual who is a subject or target of a criminal investig
ation? The Supreme Court has not definitively addressed this important question, and the case law reflects deep disagreement on an issue of great significance to criminal law enforcement. The issue has been unresolved since 1976, when the Supreme Court redefined the scope of the Fifth Amendment privilege against self-incrimination in Fisher v. United States and held that the privilege does not bar ...