Subpoena Duces Tecum Issued to B.M. v. State

WEDEMEYER, P. J. B.M.1

appeals from an order of the trial court requiring him to produce his copies of his federal and state income tax returns and schedules from January 1, 1972, to the present pursuant to a subpoena duces tecum issued under the authority of a John Doe proceeding. We hold that the order violates the fifth amendment2 of the Constitution of the United States and article I, section 8(1)3 of the Wisconsin Constitution because it compels B.M. to incriminate himself. We therefore reverse the order of the trial court.

On September 30, 1981, a subpoena was issued requiring B.M. to…