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Fishing For Clarity In A Post-Hubbell World: The Need For A Bright-Line Rule In The Self-Incrimination Clause's Act Of Production Doctrine, Thomas Kiefer Wedeles

Vanderbilt Law Review

Americans have always taken particular pride in the right to be free from government intrusion into their homes and, metaphysically speaking, their minds. The authors of the Bill of Rights carved out this protective zone in the Fourth and Fifth Amendments to the United States Constitution.' While modern Fourth Amendment protection has most often been interpreted as a privacy-based protection, the Fifth Amendment's Self-Incrimination Clause protects against government compulsion to implicate oneself in the commission of a crime. The development of the Fifth Amendment privilege reflects many of this nation's "fundamental values and most noble aspirations." These values and aspirations …