Arndstein v. McCarthy

In Arndstein v. McCarthy, 254 U.S. 71, 41 S.Ct. 26, 65 L.Ed. 138 (1920), the contemnor had filed certain schedules during the course of a bankruptcy proceeding. It appears that during the course of the same proceeding appellant was interrogated as to the schedule and set up his privilege. In the Court's words: The writ (of habeas corpus seeking release for the contempt conviction) was refused upon the theory that by filing schedules without objection the bankrupt waived his constitutional privilege and could not thereafter refuse to reply when questioned in respect to them. This view of the law we think is erroneous. The schedules alone did not amount to an admission of guilt or furnish clear proof of crime and the mere filing of them did not constitute a waiver of the right to stop short whenever the bankrupt could fairly claim that to answer might tend to incriminate him. 254 U.S. at 72, 41 S.Ct. at 26.