CONSTITUTIONAL LAW - SEARCH AND SEIZURE OF PRIVATE BUSINESS RECORDS NO LONGER SUPPLIES COMPULSION NECESSARY TO INVOKE THE FIFTH AMENDMENT

• NCJ Number: 40879
• Journal: University of Florida Law Review Volume: 29 Issue: 2 Dated: (WINTER 1977) Pages: 376-387
• Author(s): H H BOLZ
• Date Published: 1977
• Length: 12 pages
• Corporate Author: University of Florida
• Publication 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