Which of the following is NOT protected by the Fifth Amendment privilege?

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The Fifth Amendment privilege against self-incrimination protects individuals from being compelled to testify against themselves in a criminal case, primarily focusing on testimonial evidence. This privilege is designed to safeguard a person's right not to provide disclosures that could be used to convict them.

Communicative evidence that has already been disclosed does not fall under this protection because once a person has willingly provided information, they can no longer claim a right against self-incrimination regarding that specific information. This means that if someone has previously disclosed certain evidence, they cannot later invoke the Fifth Amendment to avoid answering questions about it.

On the other hand, the other options focus on various forms of evidence that are still considered protected under the privilege. For instance, testimonial statements made under compulsion can invoke the Fifth Amendment, as can documents that might incriminate a person. Similarly, physical evidence obtained without consent raises issues of admissibility that could protect a person’s Fifth Amendment rights.

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