Does the Fifth Amendment Protect You From Turning Over Documents (with Tiffany H. Eggers)

Most people know the Fifth Amendment gives you the right to remain silent. Fewer know it may also allow you to refuse to turn over documents to the federal government.

Tiffany H. Eggers explains the Act of Production Doctrine, a Fifth Amendment protection the Supreme Court has recognized for more than 40 years. The doctrine holds that producing records in response to a broad government subpoena can itself be a form of testimony and therefore may not be required. The protection applies to individuals and sole proprietorships, not companies. And it is most likely to apply when the government cannot independently confirm the records exist.

If you receive a grand jury subpoena or other government demand for records, contact counsel immediately.