Gonzalez v. State of Florida
Topics: Corporate Representative; Discovery
This criminal case is likely to be of more interest to civil practitioners than it is to criminal lawyers. Citing Supreme Court precedent that goes back to 19741, the Third District has reaffirmed that the records custodian of a corporation cannot claim 5th Amendment privilege against self-incrimination on behalf of the corporation. While corporations have some Constitutional rights, they are not protected by the Fifth Amendment. An unincorporated sole proprietorship can claim privilege, but not a corporation—not even if it only has one member.
1 - Hey. Watch it. 1974 wasn’t that long ago