CONSTITUTIONAL LAW-PRIVILEGE AGAINST SELF-INCRIMINATION-USE AGAINST DEFENDANT OF RECORDS REQUIRED TO BE KEPT BY FEDERAL LAW

Petitioner Shapiro, a produce wholesaler, was served under the authority of the Emergency Price Control Act with a subpoena duces tecum ordering him to produce certain duplicate sales invoices required to be kept by government regulation. The petitioner produced the records but claimed a constitutional privilege. When subsequently tried in the district court on charges of making tie-in sales in violation of the price regulations, petitioner pleaded immunity under section 202 (g) of the Emergency Price Control Act. His plea was overruled; conviction followed and was affirmed by the circuit court of appeals.

On certiorari to the Supreme Court, held, affirmed. Since records required to be kept under a valid regulation are public documents, these were not included within a statutory immunity which Congress intended to be co-terminous with the constitutional privilege against self-incrimination. Shapiro v. United States, (U.S. 1948) 68 S.Ct. 1375.