andresen maryland argued february decided june investigation state attorneys fraud unit real estate settlement activities certain maryland counties indicated petitioner acting settlement attorney defrauded purchaser certain realty lot investigators obtained warrants search petitioner offices warrants listed specified items pertaining lot seized together fruits instrumentalities evidence crime time unknown ensuing search number incriminating documents including containing statements made petitioner seized petitioner charged inter alia crime false pretenses based misrepresentation made purchaser lot title property clear petitioner motion suppress seized documents granted documents respect others trial ruled admission evidence violate fourth fifth amendments trial resulted petitioner conviction number seized items including documents pertaining lot lot located subdivision subject liens lot admitted evidence authenticated prosecution witnesses maryland special appeals affirmed conviction rejected petitioner constitutional claims held search petitioner offices business records seizure subsequent introduction evidence offend fifth amendment proscription person shall compelled criminal case witness although records seized contained statements petitioner voluntarily committed writing never required say anything search seizure records conducted law enforcement personnel records introduced trial authenticated prosecution witnesses petitioner therefore compulsion petitioner speak inherent psychological pressure respond trial unfavorable evidence present pp searches seizures unreasonable violation fourth amendment pp warrants rendered fatally general together phrase appeared warrant end sentence listing specified items seized pertaining lot phrase must read authorizing search seizure evidence relating crime false pretenses respect lot pp seizure documents pertaining lot lot subdivision subject liens lot violate principle police seize mere evidence probable cause must examined terms cause believe evidence sought aid particular apprehension conviction warden hayden investigators reasonably believed evidence specifically dealing fraudulent conduct respecting lot used show petitioner intent defraud respect lot although evidence used secure additional charges petitioner suppression required pp blackmun delivered opinion burger stewart white powell rehnquist stevens joined brennan post marshall post filed dissenting opinions peter andresen petitioner pro se argued cause filed brief jon oster deputy attorney general maryland argued cause respondent brief francis burch attorney general clarence sharp gilbert rosenthal assistant attorneys general deputy solicitor general randolph argued cause amicus curiae urging affirmance brief solicitor general bork deputy solicitor general frey stuart smith edward korman justice blackmun delivered opinion case presents issue whether introduction evidence person business records seized search offices violates fifth amendment command person shall compelled criminal case witness also must determine whether particular searches seizures unreasonable thus violated prohibition fourth amendment early fraud unit acting joint auspices state attorneys offices montgomery prince george counties began investigation real estate settlement activities washington area time petitioner andresen attorney sole practitioner specialized real estate settlements montgomery county fraud unit investigation activities came scrutiny particularly connection transaction involving lot potomac woods subdivision montgomery county investigation included interviews purchaser mortgage holder lienholders lot well examination county land records disclosed petitioner acting settlement attorney defrauded associates purchaser lot petitioner represented property free liens accordingly title insurance necessary fact knew two outstanding liens property addition investigators learned lienholders threatening foreclose liens forced halt purchaser construction property confronted petitioner information responded issuing agent title insurance company title policy guaranteeing clear title property action petitioner also defrauded insurance company requiring pay outstanding liens investigators concluding probable cause believe petitioner committed state crime false pretenses see md ann code art applied warrants search petitioner law office separate office mount vernon development corporation petitioner incorporator sole shareholder resident agent director application sought permission search specified documents pertaining sale conveyance lot judge sixth judicial circuit montgomery county concluded probable cause issued warrants searches two offices conducted simultaneously daylight hours october petitioner present search law office free move counsel present latter half search files office seized single investigator presence police officer conducted search mount vernon development corporation search taking four hours resulted seizure less corporation files petitioner eventually charged partly information partly indictment crime false pretenses based misrepresentation concerning lot fraudulent misappropriation fiduciary based similar false claims made three home purchasers trial began petitioner moved suppress seized documents trial held full suppression hearing hearing state returned petitioner items taken offices corporation trial suppressed six corporation items ground connection crimes charged net result item seized corporation offices returned state suppressed single file labeled potomac woods general addition state returned petitioner seven items seized law office trial suppressed four law office items based determination connection crime charged respect items suppressed returned trial ruled admitting evidence violate fifth fourth amendments reasoned searches seizures force petitioner witness required produce seized documents compelled authenticate moreover search warrants based probable cause documents returned suppressed either directly related lot therefore within express language warrants properly seized otherwise admissible show pattern criminal conduct relevant charge concerning lot trial state proved case primarily public land records records provided complaining purchasers lienholders title insurance company introduce evidence however number seized items three documents potomac woods general file seized search petitioner corporation admitted notes handwriting employee used prepare abstracts course duties title searcher law clerk notes concerned deeds trust affecting potomac woods subdivision related transaction involving lot five items seized petitioner law office also admitted one contained information relating transactions one defrauded home buyers second file partially devoted lot transaction among documents settlement statements deed conveying property associates original copy notice buyer releases liens third item file devoted exclusively lot fourth item consisted copy deed trust dated march seller certain lots potomac woods subdivision lienholder fifth item contained drafts documents memoranda written petitioner handwriting trial jury petitioner found guilty upon five counts false pretenses three counts fraudulent misappropriation fiduciary sentenced eight concurrent prison terms appeal special appeals maryland four five counts reversed indictment failed allege intent defraud necessary element state offense count pertaining purchase lot remained respect count false pretenses three counts misappropriation fiduciary special appeals rejected petitioner fourth fifth amendment claims specifically held warrants supported probable cause authorize general search violation fourth amendment items admitted evidence petitioner trial within scope warrants otherwise properly seized agreed trial search violated petitioner fifth amendment rights petitioner compelled anything md app granted certiorari limited fourth fifth amendment issues ii fifth amendment made applicable fourteenth amendment malloy hogan provides person shall compelled criminal case witness often noted development protection part response certain historical practices ecclesiastical inquisitions proceedings star chamber placed premium compelling subjects investigation admit guilt lips michigan tucker see generally levy origins fifth amendment historic function privilege protect natural individual compulsory incrimination testimony personal records bellis quoting white question records seized petitioner offices introduced incriminating moreover undisputed business records contain statements made petitioner cf mara dionisio gilbert california wade schmerber california question therefore whether seizure business records admission evidence trial compelled petitioner testify violation fifth amendment question may said reserved warden hayden adverted miller petitioner contends fifth amendment prohibition compulsory applies well personal business papers seized offices papers required produced subpoena brief petitioner bases argument naturally dicta number cases imply state search seizure person private papers violate privilege thus boyd said unable perceive seizure man private books papers used evidence substantially different compelling witness hale henkel observed substance offense compulsory production private papers whether search warrant subpoena duces tecum person entitled protection agree however broad statements compel suppression petitioner business records violation fifth amendment recent case fisher held attorney production pursuant lawful summons client tax records hands violate fifth amendment privilege taxpayer enforcement taxpayer lawyer compel taxpayer anything certainly compel witness recognized continued validity broad statements contained earlier cases discredited later opinions earlier cases legal predicate inadmissibility evidence seized violation fourth amendment unlawfulness search seizure thought supply compulsion accused necessary invoke fifth amendment compulsion accused also absent couch held summons served taxpayer accountant requiring produce taxpayer personal business records possession violate taxpayer fifth amendment rights similarly case petitioner asked say anything records seized contained statements petitioner voluntarily committed writing search seizure records conducted law enforcement personnel finally records introduced trial authenticated handwriting expert petitioner compulsion petitioner speak inherent psychological pressure respond trial unfavorable evidence present case thus falls within principle stated justice holmes party privileged producing evidence production johnson principle recognizes protection afforded clause fifth amendment adheres basically person information may incriminate couch thus although fifth amendment may protect individual complying subpoena production personal records possession act production may constitute compulsory authentication incriminating information see fisher supra seizure materials law enforcement officers differs crucial respect individual search directed required aid discovery production authentication incriminating evidence contrary determination seizure person business records introduction evidence criminal trial violates fifth amendment undermine principles announced earlier cases nearly half century ago marron upheld fourth fifth amendment claims admission evidence business records seized search accused illegal liquor business abel upheld fourth fifth amendment claims introduction evidence espionage trial false identity papers coded message seized search accused hotel room cases recognize general rule special sanctity papers distinguished forms property render immune search seizure fall within scope principles cases property may seized adequately described affidavit warrant gouled moreover contrary determination prohibit admission evidence traditionally used criminal cases traditionally admissible despite fifth amendment example bar admission accused gambling records prosecution gambling note given temporarily bank teller robbery subsequently seized accused automobile home prosecution bank robbery incriminating notes prepared sent accused kidnaping blackmail prosecution find useful analogy fifth amendment question cases deal seizure oral communications explained constitutional privilege designed prevent use legal process force lips accused individual evidence necessary convict force produce authenticate personal documents effects might incriminate bellis quoting white significant aspect principle apparent applied hoffa rejected contention informant seizure accused conversation subsequent testimony trial concerning conversation violated fifth amendment rationale although accused statements may elicited informant purpose gathering evidence made voluntarily see reasoned distinction made compulsion upon accused case compulsion one communication whether oral written made voluntarily fact seizure contemporaneous communication hoffa subsequent communication affect question whether accused compelled speak finally believe permitting introduction evidence person business records seized otherwise lawful search offend undermine policies undergirding privilege murphy waterfront case petitioner time recorded communication time search time records admitted trial subjected cruel trilemma perjury contempt ibid indeed never required say anything penalty sanction similarly permitting admission records question convert accusatorial system justice inquisitorial system requirement specific charges proof beyond reasonable doubt protection accused confessions extorted whatever form police pressures right prompt hearing magistrate right assistance counsel supplied government circumstances make necessary duty advise accused constitutional rights characteristics accusatorial system manifestations demands watts indiana none attributes endangered introduction business records independently secured skillful investigation ibid search seizure business records pose danger greater inherent every search evidence elicited inhumane treatment abuses case statements seized voluntarily committed paper police arrived search petitioner treated discourteously search also good cause disturb petitioner independently determined judge issued warrants state bore burden executing finally chance case petitioner statements untrustworthy extracted already existence made voluntarily recognize course fifth amendment protects privacy extent however never suggested every invasion privacy violates privilege fisher indeed recently held unless incriminating testimony compelled invasion privacy outside scope fifth amendment protection saying fifth amendment protects compelled disclosure private information already noted petitioner compelled testify manner accordingly hold search individual office business records seizure subsequent introduction evidence offend fifth amendment proscription person shall compelled criminal case witness iii turn next petitioner contention rights guaranteed fourth amendment violated descriptive terms search warrants broad make impermissible general warrants certain items seized violation principles warden hayden specificity search warrants although petitioner concedes warrants part models particularity brief petitioner contends rendered fatally general addition warrant exhaustive list particularly described documents phrase together fruits instrumentalities evidence crime time unknown app quoted language argued must read isolation without reference rest long sentence end appears read properly petitioner contends permits search seizure evidence crime general warrants course prohibited fourth amendment problem posed general warrant intrusion per se general exploratory rummaging person belongings fourth amendment addresses problem requiring particular description things seized coolidge new hampshire requirement makes general searches impossible prevents seizure one thing warrant describing another taken nothing left discretion officer executing warrant stanford texas quoting marron case agree determination special appeals maryland challenged phrase must read authorizing search seizure evidence relating crime false pretenses respect lot md challenged phrase separate sentence instead appears warrant end sentence containing lengthy list specified particular items seized pertaining lot think clear context term crime warrants refers crime false pretenses respect sale lot fruits clause one series follows colon word maryland clauses series limited precedes colon namely items pertaining lot block warrants accordingly authorize executing officers conduct search evidence crimes search seize evidence relevant crime false pretenses lot admissibility certain items evidence light warden hayden petitioner charges seizure documents pertaining lot lot violated principles warden hayden therefore suppressed objection appears papers relevant lot charge admissible prove another crime charged search fact documents used help form evidentiary basis another charge argued shows documents seized solely purpose state replies warden hayden violated challenged evidence relevant question whether petitioner committed crime false pretenses respect lot maryland crime committed person makes false representation past existing fact intent defraud knowledge falsity obtains chattel money valuable security another relies false representation detriment polisher state md app thus state required prove intent defraud beyond reasonable doubt state consequently argues documents pertaining another lot potomac woods subdivision demonstrate misrepresentation respect lot result mistake part petitioner warden hayden stated police seize mere evidence probable cause must examined terms cause believe evidence sought aid particular apprehension conviction consideration police purposes required case conclude trained special investigators reasonably believed evidence specifically dealing another lot potomac woods subdivision used show petitioner intent respect lot transaction often recognized proof similar acts admissible show intent absence mistake nye nissen example case involving scheme fraudulent conduct said evidence showed presentation eleven false invoices trial also admitted conclusion case sole purpose proving guilty intent motive guilty knowledge defendants evidence similar related offenses committed period tended show consistent pattern conduct highly relevant issue intent judgment special appeals maryland affirmed ordered footnotes established privilege may invoked respect corporate records bellis grant hale henkel appears however records seized corporation office really corporate records records generated petitioner practice real estate lawyer appendix exhibits item introduced proof petitioner failed pay recording taxes charge abandoned case submitted jury solicitor general amicus brief filed suggested evidence forming basis two counts misappropriation fiduciary upheld appeal obtained entirely sources petitioner offices brief amicus curiae fact true course affect jurisdiction permit us apply discretionary doctrine benton maryland thereby decline consider petitioner constitutional claims barnes trial appellate courts case recognized conflict among federal courts appeals whether documentary evidence obtainable means subpoena summons may obtained means search warrant thus hill philpott cert denied appeals held evidence obtainable means subpoena seized means search warrant substantial majority position opposite view shaffer wilson cert pending murray taylor minnesota cert denied blank cert denied scharfman cert denied bennett cert denied sub nom jessup majority position accords views wigmore wigmore evidence mcnaughton rev special appeals adopted majority position therefore upheld admission records evidence boyd example held government consistently fourth amendment obtain mere evidence accused accordingly subpoena seeking mere evidence constituted compulsion accused invoke fifth amendment mere evidence rule overturned warden hayden convergence theory fourth fifth amendments also illustrated agnello seizure contraband pursuant search incident arrest otherwise unlawful violation fourth amendment held permit accused invoke fifth amendment government sought introduce evidence criminal proceeding petitioner relies statement couch possession bears closest relationship personal compulsion forbidden fifth amendment support argument possession incriminating evidence supplies predicate invocation privilege couch course concerned production documents pursuant summons directed accountant might possibility compulsory principal implicit explicit testimony documents identified summons risk authentication present documents seized pursuant search warrant privilege reflects many fundamental values noble aspirations unwillingness subject suspected crime cruel trilemma perjury contempt preference accusatorial rather inquisitorial system criminal justice fear statements elicited inhumane treatment abuses sense fair play dictates fair balance requiring government leave individual alone good cause shown disturbing requiring government contest individual shoulder entire load respect inviolability human personality right individual private enclave may lead private life distrust statements realization privilege sometimes shelter guilty often protection innocent petitioner also contends affidavits establish probable cause failure state formally introduce warrants evidence violated constitutional rights contentions may disposed summarily bases petitioner argument affidavits failed establish probable cause two affidavits violation aguilar texas establish reliability information credibility informants information based stale reason believe documents sought still petitioner possession affidavits clearly establish reliability information related credibility sources complainants named positions described transactions petitioner related comprehensive fashion addition affiants aver verified least part complainants charges examining correspondence petitioner numerous documents reflecting transactions public land records copies many records documents attached affidavits others described detail finally agents aver interviewed positive results persons involved real estate transactions object investigation rarely seen affidavits complete thorough petitioner argument without merit see ventresca also argued delay completion transactions warrants based ensuing searches time lapse precluded determination probable cause believe petitioner offices contained evidence crime contention belied particular facts case business records sought prepared ordinary course petitioner business law office real estate corporation eminently reasonable expect records maintained offices period time surely long three months required investigation complex real estate scheme addition special investigators knew petitioner secured release lot respect one lienholder three weeks searches another lien remained released considered information demonstrating potomac woods still current concern petitioner amply supports belief petitioner retained records final contention bumper north carolina failure prosecution formally introduce warrants evidence precludes state relying upon justify searches reject argument two reasons first appears petitioner based claim error solely state grounds special appeals second even claim properly us fails state petitioner referred extensively discussed language terms warrants suppression hearing trial judge deciding motion suppress made numerous references warrants present case therefore far cry bumper prosecution assertion search warrant made first time oral argument nothing fourth amendment requires us exalt formalism substance following items pertaining sale purchase settlement conveyance lot block potomac woods subdivision montgomery county maryland title notes title abstracts title rundowns contracts sale assignments raffaele antonelli rocco caniglia mount vernon development corporation others lien payoff correspondence lien memoranda lienholders noteholders correspondence memoranda trustees deeds trust lenders instructions construction loan construction permanent loan disbursement sheets disbursement memoranda checks check stubs ledger sheets indicating disbursement upon settlement correspondence memoranda concerning disbursements upon settlement settlement statements settlement memoranda fully partially prepared deed trust releases whether executed whether recorded books records documents papers memoranda correspondence showing tending show fraudulent intent knowledge elements crime false pretenses violation article section annotated code maryland edition amended revised together fruits instrumentalities evidence crime time unknown app record discloses officials executing warrants seized numerous papers introduced evidence although informed content observe extent papers within scope warrants otherwise improperly seized state correct returning voluntarily trial judge correct suppressing others recognize grave dangers inherent executing warrant authorizing search seizure person papers necessarily present executing warrant search physical objects whose relevance easily ascertainable searches papers certain innocuous documents examined least cursorily order determine whether fact among papers authorized seized similar dangers course present executing warrant seizure telephone conversations kinds searches responsible officials including judicial officials must take care assure conducted manner minimizes unwarranted intrusions upon privacy justice brennan dissenting concurring opinion earlier term fisher stated view fifth amendment protects individual citizen compelled production testimonial matter might tend incriminate provided matter comes within zone privacy recognized amendment secure individual private inner sanctum individual feeling thought couch accordingly production testimonial material falling within zone privacy may compelled subpoena holds today search seizure pursuant valid warrant business records petitioner possession containing statements made petitioner violate fifth amendment perceive distinction meaningful substance compelling production records subpoena seizing records petitioner moreover believe warrants petitioner papers seized impermissibly general therefore dissent question records seized petitioner offices introduced incriminating moreover undisputed business records contain statements made petitioner ante also questioned records fall within zone privacy protected fifth amendment bellis squarely recognized privilege applies business records sole proprietor sole practitioner well personal documents containing intimate information individual private life today retreats view though recognizing value privacy protected fifth amendment see ante right individual private enclave may lead private life ante declines without adequate explanation include business records within private zone comprising mere physical extensions individual thoughts knowledge noted fisher failure give effect zone ignores essential spirit fifth amendment business records least extension aspect person activities though concededly intimate aspects one life privilege protected one mental notes business affairs less complicated day age seem protection fall away complexities another time compel one keep business records cf olmstead brandeis dissenting brennan concurring judgment matter resolved simplistic notion compulsion search seizure rife elements compulsion subpoena intrusion occurs lawful process state individual free resist authority sure observes etitioner present search law office free move ante believe means suggest petitioner free obstruct investigators search files compulsion disappear merely individual absent time search seizure door one house example much individual resistance intrusion outsiders personal physical efforts prevent refuse recognition sanctity door generally confine dominion privacy mind compels unconstitutional disclosure denying individual zone physical freedom necessary conducting one affairs true principle value enshrined fifth amendment carefully observed couch actual possession documents bears significant relationship fifth amendment protections governmental compulsions upon individual accused crime indeed attach constitutional importance possession close relationship personal compulsions intrusions fifth amendment forbids couch also plainly indicated necessary actual possession order invoke fifth amendment limitations situations may well arise constructive possession clear relinquishment possession temporary insignificant leave personal compulsions upon accused substantially intact though records involved case clearly within petitioner possession least constructive possession avoids application principles values protect submit mischaracterization couch concerned possibility compulsory principal implicit explicit testimony documents identified summons ante whether couch concerned possibility believe even strained reading couch clearly concerned whether production documents possession accused accountant pursuant summons directed accountant operated personally compel accused regard couch recognized possession bears closest relationship personal compulsion forbidden fifth amendment matter refuses deal treatment couch couch reflects view long line decisions explicitly recognizing seizure private papers may violate fifth amendment early boyd unable perceive seizure man private books papers used evidence substantially different compelling witness though boyd held compelling person witness tantamount unreasonable search seizure never required search seizure independently unreasonable order violate fifth amendment though several decisions found fifth amendment violation stemming search seizure involved unreasonable search seizures never established contrary assertion ante unlawfulness search seizure necessary invoke fifth amendment gouled though also involving fourth amendment violation makes clear illegality search seizure prerequisite fifth amendment violation gouled fifth amendment violation exists accused unwilling source evidence matter depend illegality vel non search seizure today decision held seizure testimonial evidence legal process violate fifth amendment indeed exceptions indications strongly contrary see lefkowitz weeks hale henkel recently schmerber california noted values protected fourth amendment substantially overlap fifth amendment helps protect clearly indicated considering whether suppress seized evidence first inquiry whether testimonial nature precludes introduction evidence see subsequent schmerber warden hayden carefully observed items clothing seized case testimonial communicative nature introduction therefore compel respondent become witness violation fifth amendment cases reflect root understanding boyd breaking doors rummaging drawers constitutes essence offence fifth amendment invasion indefeasible right personal security personal liberty private property ny forcible compulsory extortion man testimony private papers used evidence convict crime within condemnation amendment regard fourth fifth amendments run almost ii even fifth amendment violation recognized seizure petitioner papers violation fourth amendment protections clearly warrants papers seized impermissibly general general warrants especially prohibited fourth amendment problem avoided intrusion per se general exploratory rummaging person belongings coolidge new hampshire thus requirement plainly appearing face fourth amendment warrant specify particularity place searched things seized imposed end unauthorized invasions sanctity man home privacies life prevented berger new york taken nothing left discretion officer executing warrant stanford texas quoting marron recites requirements application case renders limitation unlawful governmental conduct empty promise lengthy admittedly detailed listing items seized warrants case authorized seizure fruits instrumentalities evidence crime time unknown app construes sweeping authorization limited evidence pertaining crime false pretenses respect sale lot however neither construction warrants similar construction special appeals maryland available investigators time executed warrants question warrants viewed hindsight fact viewed executing overwhelming quantity seized material either suppressed returned petitioner irrefutable testimony unlawful generality warrants attempt cure defect post hoc judicial construction evades principles settled fourth amendment decisions scheme fourth amendment becomes meaningful assured point conduct charged enforcing laws subjected detached neutral scrutiny judge terry ohio see berger new york supra johnson function detached neutral review give effect warrants whose terms unassailably authorize search seizure person papers especially fact result executing warrants today decision doubtless consistent recent trend decisions eviscerate fourth amendment protections see texas white miller watson santana ante meaningful distinction requiring petitioner case stand idly papers extracted files requiring petitioner schmerber california similarly submit extraction blood body either case seizure obtained compulsion yet schmerber unlike fifth amendment limitations recognized applicable similarly recognized writing separately couch urely availability fifth amendment privilege depend whether owner documents compelled personally turn documents government private testimonial documents held owner possession privileged fifth amendment government nullify privilege finding way obtain documents without requiring owner take hand personally present government agents government takes private records example safety deposit box owner documents owner compelled view incriminate within meaning fifth amendment concurring notes ante gouled also observed special sanctity papers rendering immune search seizure observation however hedged qualifications see gouled makes clear general proposition inapplicable case private papers see cites marron one exception decision permitted seizure business records search illegal liquor business marron however provides little foundation view though erring light subsequent cases view business records private papers testimonial evidence rather records viewed merely part outfit equipment actually used commit offense moreover aspect marron upon relies clearly overruled lefkowitz ostensible effort lefkowitz distinguish marron notwithstanding also cites abel supporting position private testimonial papers may seized without violating fifth amendment papers seized case however even fairly characterizable private testimonial matter doubt admitted purpose utilizing testimonial contents evidence finally wiretapping cases also lend little support position two cases expressly recognized danger fifth amendment rights posed wiretapping see berger new york osborn cases permitting seizure involved conversations two parties considered confidential circumstances grave questions raised however conversations seized privacy home conversations parties speak arm length circumstances danger zone privacy recognized fifth amendment invaded see olmstead brandeis dissenting though one component rationale cases precluding seizure papers appears mere evidence rule repudiated warden hayden also view seizures tantamount compulsion testimony unlawful act conceptually distinct unlawful act seizing mere evidence lefkowitz supra example reiterates boyd condemnation compulsory extraction man private papers similarly weeks recognized seizure man papers offense constituted compulsory production private papers accordingly doctrinal demise mere evidence rule left untouched principles cases respecting fifth amendment see fisher brennan concurring judgment observing case thus require consider whether items evidential value whose nature precludes object reasonable search seizure hayden least clearly left open question whether lawful seizure testimonial evidence violated fifth amendment testimony investigators suppression hearing requested petitioner indicates seizure many papers occurred indiscriminately see app justice marshall dissenting agree justice brennan business records introduced petitioner trial suppressed seized pursuant general warrant accordingly need consider whether petitioner alternative contention fifth amendment precludes seizure private papers even pursuant warrant survive fisher whether fifth amendment argument protect business records seized case