When is a defendant not required to comply with a subpoena duces tecum and produce documents in his or her possession?
What will be an ideal response?
The Fifth Amendment privilege against self-incrimination allows the defendant to lawfully withhold a document, and not comply with a subpoena duces tecum, when such a document would incriminate the defendant. However, the privilege against self-incrimination does not prevent secondary evidence from being admitted to prove the contents of the writing or document.
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