Doe v. United States

The Supreme Court held that a court order compelling the target of the grand jury investigation to authorize foreign banks to disclose records of his accounts, without identifying those documents or acknowledging their existence does not violate the target’s Fifth Amendment privilege against self-incrimination. The consent form itself was not testimonial in nature. In order to be “testimonial,” an accused’s oral or written communication or act of production must itself, explicitly or implicitly, relate a factual assertion or disclose information. The privilege may be asserted only to resist compelled explicit or implicit disclosures of incriminating information.