CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........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.