Question

Which of the following is true about the Fifth Amendment and the production of records?

A. It would allow a Bogus Inc., officer who has custody of Bogus records to resist a subpoena demanding production of those records if the contents of the records could incriminate that officer personally.

B. It would prevent a sole proprietor from being compelled to produce his/her business records if the act of producing such records was not testimonial in nature.

C. It may be asserted by a corporation, partnership, or other collective entity on the same basis that an individual human being could assert it.

D. It does not protect "required records" from being subpoenaed and used against the record keeper in criminal prosecutions.

Answer

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