- 5 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011