United States v. Hubbell

United States v. Hubbell
Argued February 22, 2000
Decided June 5, 2000
Full case nameUnited States of America v. Webster Hubbell
Citations530 U.S. 27 (more)
120 S. Ct. 2037; 147 L. Ed. 2d 24; 2000 U.S. LEXIS 3768
Case history
Prior11 F. Supp. 2d 25 (D.D.C. 1998); vacated and remanded, 167 F.3d 552 (D.C. Cir. 1999); 44 F. Supp. 2d 1 (D.D.C. 1999); reversed, 177 F.3d 11 (D.C. Cir. 1999); cert. granted, 528 U.S. 926 (2000).
Holding
(1) The Fifth Amendment privilege against compelled self-incrimination protects a witness from being compelled to disclose the existence of incriminating documents that the Government is unable to describe with reasonable particularity; and (2) Where the witness produces such documents pursuant to a grant of immunity, 18 U. S. C. §6002 prevents the Government from using them to prepare criminal charges against the witness.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityStevens, joined by O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer
ConcurrenceThomas, joined by Scalia
DissentRehnquist
Laws applied
U.S. Const. amend. V; 18 USC section 6003 (a)

United States v. Hubbell, 530 U.S. 27 (2000), was a United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself." The Supreme Court has, since 1976, applied the so-called "act-of-production doctrine". Under this doctrine, a person can invoke his Fifth Amendment rights against the production of documents only where the very act of producing the documents is incriminating in itself.