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Criminal Procedure keyed to Kamisar
Boyd v. United States
Citation:116 U.S. 616, 6 S.Ct. 524, 29 L.Ed. 746 (1886)
Customs officials seized 35 cases of glass imported by the partnership Boyd and Sons and instituted proceedings against them under the 1874 Customs Revenue Statute. Under Section 5 of that statute, the government obtained a court “notice” ordering Boyd (defendant) to provide an invoice covering 29 of the cases of glass. Although Boyd could refuse to produce the documents without being held in contempt, failure to respond would have the effect of confessing to the prosecutor’s allegation of what the documents states.
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