Supreme Court of the United States
United States v. Hubbell
June 5, 2000530 U.S. 27
Summary
The Court held that the Fifth Amendment privilege protects a witness from being compelled to disclose the existence of incriminating documents when the Government cannot describe them with reasonable particularity. It further held that immunity under 18 U.S.C. § 6002 prevents the Government from using documents if they were derived from the testimonial aspects of the immunized act of producing those documents. The Court affirmed the judgment of the Court of Appeals. Justice Thomas, dissenting in part, wrote that the act-of-production doctrine may be inconsistent with the original meaning of the Fifth Amendment.
Holding
- Scope of Fifth Amendment privilege and statutory immunity regarding document production. The Fifth Amendment privilege protects the testimonial aspect of producing documents; immunity under § 6002 prevents derivative use of that testimony by the Government.
Docket 99-166
Cited authorities
- 18 U.S.C. § 6002
- 18 U.S.C. § 6003
- 18 U.S.C. §6002
- 28 U.S.C. §§ 591-599
- 18 U.S.C. §6002
- 88 Colum. L. Rev. 1227
- 48 U. Pitt. L. Rev. 27