Matter of Harris
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. Inasmuch as the books of account contain evidence which would incriminate the bankrupt, their delivery cannot be compelled, for to require such delivery would violate the bankrupt’s constitutional privilege against incriminating himself. Fifth Amendment to the Constitution.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts are stated in the opinion. Inasmuch as the books of account contain evidence which would incriminate the bankrupt, their delivery cannot be compelled, for to require such delivery would violate the bankrupt’s constitutional privilege against incriminating himself. Fifth Amendment to the Constitution. The compulsory production of a man’s private books and papers to be used in evidence against him is compelling him to be a witness against himself within the meaning of that Amendment. Boyd v. United States, 116 U. S.…
1Opinion of the CourtJustice Holmes
In this case the District Court made an order that the bankrupt should deposit his books of account in the office of the receiver, there to remain in the custody of bankrupt; the latter to afford the receiver free opportunity to inspect the same, but the receiver to use and to permit theffi to be used only for the purpose of the civil administration of the estate and not for any criminal proceeding. It was ordered further that in case of subpoena or other process to the receiver for their production, he. should notify the bankrupt, to the end that the bankrupt might have an opportunity to…
2Cases cited1 opinion
- Counselman v. HitchcockSupreme Court of the United States · 1892
3Cited by92 opinions
- Fisher v. United StatesSupreme Court of the United States · 1976
- United States v. MayerSupreme Court of the United States · 1914
- McCarthy v. ArndsteinSupreme Court of the United States · 1924
- Braswell v. United StatesSupreme Court of the United States · 1988
- Johnson v. United StatesSupreme Court of the United States · 1913
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