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
............Nontestimonial Compulsion
4 Cards On This Topic:
Fifth Amend. privilege applies only to "testimonial evidence."
Requiring taxpayer to produce his/her accountant's workpapers does not involve testimonial self-incrimination.
Liability under PC 4573 is premised on the ••nontestimonial•• act of knowingly bringing prohibited drugs into a correctional facility and does not violate 5th Amend.
PC 4573 involves no compelled incriminating testimony for 5th Amend. purposes—by bringing drugs into jail, D committed a nontestimonial act and was not immune from prosecution or conviction under section 4573.