CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Self-Incrimination Privilege
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Interests & Things Protected/Not Protected
............Books & Records: Business & Groups
5 Cards On This Topic:
Corporations possess no right against self-incrimination; may not use as defense to production of incriminating documents. Agent producing must assert and prove personal privilege.
President and sole shareholder of 2 corporations could not protect corporate records from disclosure using personal privilege against self-incrimination; corporation has no Fifth Amendment privilege.
May not compel sole proprietor to produce business documents which will incriminate him without statutory grant of use immunity; immunity must be requested; act of producing is testimonial and privileged.
Small law partnership has no privilege against self-incrimination; partner may be compelled to produce partnership records, even if incriminating.
Large unincorporated association (labor union) has no privilege against self-incrimination; must produce incriminating documents.