Is constructive possession of personal records valid for purposes of asserting Fifth Amendment privilege?

Constructive possession of personal records, for purposes of asserting a Fifth Amendment privilege, exists when the person asserting the privilege " 'has placed papers in the hands of another person or entity for custodial safekeeping, thereby, retaining the right to immediate possession though not having actual possession.' " United States v. Jones, 630 F.2d 1073, 1079 (5th Cir.1980) (quoting United States v. White, 477 F.2d 757, 763 (5th Cir.1973), aff'd on rehearing en banc, 487 F.2d 1335, cert. denied, 419 U.S. 872, 95 S.Ct. 132, 42 L.Ed.2d 111 (1974)). Clearly, Lacoste was exercising control and possession of his personal records during the sorting process. When this process was suspended, the materials were placed under seal for the limited purpose of maintaining the status quo and protecting any claims of right by either side until the parties could resume sorting. Consequently, Lacoste never abandoned his right to immediate possession of his personal records. Because constructive possession is so clear, Lacoste is entitled to assert whatever protections the Fifth Amendment afforded him as to his documents just as much as if he had them in his pocket.