What type of evidence does the Fifth Amendment privilege protect?

The Fifth Amendment privilege against self-incrimination specifically protects individuals from being compelled to provide testimonial or communicative evidence that could potentially incriminate them. This means that individuals cannot be forced to answer questions or provide statements that might lead to their own criminal prosecution.

Testimonial evidence includes verbal statements made in response to inquiries or written responses, whereas real evidence refers to physical objects or materials that are presented in a trial. Since the privilege only applies to testimonial evidence, it does not extend to real evidence, which can be seized through lawful means such as searches and arrests as long as those actions comply with constitutional protections. This distinction highlights why the privilege specifically protects testimonial communication and does not apply to other forms of evidence.