Legal Opinion
In the Matter of Grand Jury Empanelled February 14, 1978. Appeal of United States of America
Court of Appeals for the Third Circuit
Decided April 27, 1979No. 78-2543PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge:
The issue on this appeal is whether the owner of a business may assert a Fifth Amendment privilege when a subpoena duces tecum requiring the production of business records is served on both the owner himself and on his employee who prepared and maintained those records. The government served subpoenas duces tecum on Dominick Colucci, the owner of Colucci Excavating and Trucking, and on Marion De-Mato, his office manager. On Colucci’s motion, the district court quashed both subpoenas, concluding that the Fifth Amendment shielded Colucci from the…
2Cases cited49 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Boyd v. United StatesSupreme Court of the United States · 1886
- Fisher v. United StatesSupreme Court of the United States · 1976
- Costello v. United StatesSupreme Court of the United States · 1956
44 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- In Re Grand Jury Investigation. Appeal of United States of AmericaCourt of Appeals for the Third Circuit · 1979
- United States v. Osama AwadallahCourt of Appeals for the Second Circuit · 2003
- In Re Grand Jury Subpoena Duces TecumCourt of Appeals for the Eighth Circuit · 1997
- In Re Grand Jury Proceedings. Robert M. McCoy and Charles SussmanCourt of Appeals for the Fifth Circuit · 1979
- In the Matter of Grand Jury Empanelled February 14, 1978. Appeal of Nathan MarkowitzCourt of Appeals for the Third Circuit · 1979
74 more not listed; retrieve them via the Exa API.