Brief Fact Summary. State authorities obtained search warrants to search the defendant, Andreson’s (the “defendant”) law office, for papers evidencing a fraudulent sale of land.
Synopsis of Rule of Law. The Fifth Amendment’s protections against self-incrimination do not apply to information obtained from papers or other documents which are properly seized.
Issue. Does the Fifth Amendment’s protection against self-incrimination apply to incriminating papers which have been seized by law enforcement and have been subsequently admitted into evidence at trial?
Held. The Fifth Amendment’s protections against self-incrimination protects individuals from complying with a subpoena for the production of incriminating evidence, however, it does not prevent the same materials from being properly seized by law enforcement and subsequently being admitted at trial.
As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.View Full Point of Law