UNITED STATES V. DOE 465 U.S. 605 (1984) CASE BRIEF

UNITED STATES V. DOE
465 U.S. 605 (1984)
NATURE OF THE CASE: This was a review of an order quashing a subpoena for the production of business records.
FACTS: The Government (P) was investigating corruption in county and municipal contracts. As a result, Doe (D), a sole proprietor of several businesses, was investigated by a grand jury. The jury served five subpoenas on D in an attempt to get certain business records. D filed a motion in Federal District Court, trying to quash the subpoenas. He argued that if he were to produce these records, he would be implicitly admitting that they existed, that they were in his possession, and that they were genuine. As a result, he claimed that these records were protected by the Fifth Amendment's Self-Incrimination Clause. The court granted the motion, and the Fifth Circuit affirmed. The Supreme Court granted certiorari.

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LEGAL ANALYSIS:





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