From our private database of 30,900+ case briefs...
In re Grand Jury Subpoena Dated April 18, 2003
United States Court of Appeals for the Ninth Circuit
383 F.3d 905 (2004)
As part of an antitrust investigation into sales of dynamic random-access memory (DRAM) chips, a grand jury issued several subpoenas. One subpoena duces tecum was issued to John Doe (defendant), a former salesperson at a DRAM manufacturer (the corporation). In response to a prior subpoena, the corporation named Doe as an employee involved in DRAM pricing. Agents of the Federal Bureau of Investigation interviewed Doe, and he admitted to discussing DRAM pricing with competitors and emailing his supervisor about those discussions. Doe denied possessing any records connected to the antitrust investigation and stated he left them at work when he ended his employment. The agents served Doe with a subpoena duces tecum demanding he appear before the grand jury and produce any documents he possessed that were related to the manufacturing or sale of DRAM parts, “including but not limited to, handwritten notes, calendars, diaries, daybooks, appointment calendars, or notepads, or any similar documents.” Doe claimed the Fifth Amendment privilege against self-incrimination and refused to produce the documents. Doe moved to quash the subpoena, arguing the act of production violated his Fifth Amendment rights. The district court denied the motion on the ground that the act of producing the documents was not testimonial because Doe’s possession of the documents was a foregone conclusion, and the court held Doe in contempt. Doe appealed the denial of the motion to quash and the contempt order.
Rule of Law
Holding and Reasoning (Canby, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.