John Wadsworth - Page 5

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               please bring copies of any rental agreement between you                
               and the lessor).                                                       
               At the call of the calendar in San Francisco, California, on           
          October 21, 1996, at approximately 11:00 a.m., petitioner moved             
          to quash respondent's subpoena duces tecum on the ground that               
          "compliance therewith would interfere with his constitutional               
          rights, specifically his rights under the Fifth Amendment."                 
          The Court informed the parties that the motion to quash would be            
          reviewed during the noon recess and that the Court would rule on            
          the motion late in the afternoon.                                           
               The case was recalled from the calendar at 4:20 p.m. on                
          October 21, 1996, at which time the Court informed the parties              
          that petitioner's motion to quash subpoena was denied.  The Court           
          further informed the parties that the Court would read into the             
          record on the following day, October 22, 1996, at 3:00 p.m., the            
          reasons for denying the motion to quash, and the Court did so.              
               The Court ruled:                                                       
               The Fifth Amendment privilege against self-                            
               incrimination protects an individual from being                        
               compelled to disclose information that could reasonably                
               be expected to furnish evidence needed to prosecute the                
               claimant for a crime; Kastiger v. United States, 406                   
               U.S. 441 at page 445, 1972.                                            
                    It therefore, applies only when the possibility of                
               self-incrimination is a real danger, not a remote and                  
               speculative possibility; Zicarelli v. The New Jersey                   
               State Commission of Investigation, 406 U.S. 472 at page                
               478, 1972.                                                             
                    The claimant must be faced with substantial                       
               hazards of incrimination from the information sought,                  
               and:                                                                   




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