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NCJ Number: 40879 Find in a Library
Title: CONSTITUTIONAL LAW - SEARCH AND SEIZURE OF PRIVATE BUSINESS RECORDS NO LONGER SUPPLIES COMPULSION NECESSARY TO INVOKE THE FIFTH AMENDMENT
Journal: UNIVERSITY OF FLORIDA LAW REVIEW  Volume:29  Issue:2  Dated:(WINTER 1977)  Pages:376-387
Author(s): H H BOLZ
Corporate Author: University of Florida
College of Law
United States of America
Date Published: 1977
Page Count: 12
Sponsoring Agency: University of Florida
Gainesville, FL 32601
Format: Article
Language: English
Country: United States of America
Annotation: REVIEW OF THE US SUPREME COURT RULING IN ANDRESEN V MARYLAND (1976) WHICH HELD THAT THE PRIVILEGE AGAINST SELF-INCRIMINATION IS NOT ALWAYS APPLICABLE TO THE INTRODUCTION OF BUSINESS RECORDS INTO EVIDENCE .
Abstract: THE COURT RULED THAT THE INTRODUCTION INTO EVIDENCE OF BUSINESS DOCUMENTS SEIZED DURING A VALID SEARCH OF THE DEFENDANT'S OFFICE DOES NOT VIOLATE THE FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION SINCE THE ACCUSED WAS NOT COMPELLED TO ASSIST IN THE COLLECTION OR AUTHENTICATION OF TESTIMONY TO BE USED AGAINST HIM. THE AUTHOR EXAMINES THE OPINIONS IN ANDRESEN AS WELL AS PREVIOUS CASE LAW DEALING WITH SEARCH AND SEIZURE AND THE RIGHT AGAINST SELF-INCRIMINATION AND CONCLUDES THAT THE OPINION DISMANTLES THE LAST DICTUM OF A PREVIOUS, INAPPROPRIATE DECISION....EB
Index Term(s): Judicial decisions; Right against self incrimination; Rights of the accused; Search and seizure; Search and seizure laws; US Supreme Court; White collar crime
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