Can an individual rely on the Fifth Amendment to avoid having to produce documents that are not personally privileged?

While the Fifth Amendment will provide protection against forced production of documents in some situations, see Bellis v. United States, 417 U.S. 85, 87, 94 S.Ct. 2179, 2182, 40 L.Ed.2d 678 (1974), it is clear that the privilege is a personal one and may be asserted only by the person as to personal papers. United States v. White, 322 U.S. 694, 698-99, 64 S.Ct. 1248, 1251, 88 L.Ed. 1542 (1944).

Thus, " an individual cannot rely upon the privilege to avoid producing the records of a collective entity which are in his possession in a representative capacity, even if these records might incriminate him personally." Bellis v. United States, 417 U.S. at 88, 94 S.Ct. at 2183. If the documents are found to be entity records as opposed to personal papers, the privilege will not apply. ³