In Re Grand Jury Subpoena Duces Tecum Dated October 29, 1992. United States of America v. John Doe

*95ALTIMARI, Circuit Judge,.

dissenting:

Because I believe that the Supreme Court’s pronouncement in Boyd v. United States, 116 U.S. 616, 634-35, 6 S.Ct. 524, 534, 29 L.Ed. 746 (1886) that “a compulsory production of the private books and papers of the owner of goods sought to be forfeited ... is compelling him to be a witness against himself, within the meaning of the Fifth Amendment to the Constitution” remains valid, I respectfully dissent.

The proposition in Boyd regarding the Fifth Amendment protection of private papers has been repeated in a number of subsequent opinions. See Wilson v. United…