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A sole proprietor receives a subpoena for "all handwritten cash ledgers for unreported jobs." The ledgers were voluntarily created before the subpoena. The government does not know whether the ledgers exist or whether the proprietor possesses them.
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The contents of voluntarily prepared documents generally are not privileged, but the act of producing them may be testimonial if it admits existence, possession, or authenticity. The act of production is privileged only if the documents are handwritten. The privilege protects only documents prepared after a subpoena is served. A subpoena for documents can never implicate the privilege because documents are physical objects.

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