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United States Vs. Miller
Cites for this judgment
- US Supreme Court
- Apr 21, 1976
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U.S. 435 (1976) U.S. Supreme Court United States v. MillerSearch
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U.S. 435 (1976) United States v. MillerSearch
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s rights, even if a criminal prosecution is contemplated at the time the subpoena is issued. California Bankers Assn. v. ShultzSearch
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the grand jury was not in session. The Court of Appeals reversed. 500 F.2d 751 (1974). Citing the prohibition in Boyd v. UnitedSearch
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requirements of the Bank Secrecy Act had been held to be constitutional on their face in California Bankers Assn. v. ShultzSearch
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Court of Appeals on that ground alone, we do not reach the Government's latter two contentions. II In Hoffa v. UnitedSearch
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as noted above, assumed that respondent had the necessary Fourth Amendment interest, pointing to the language in Boyd v. UnitedSearch
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ownership nor possession. Instead, these are the business records of the banks. As we said in California Bankers Assn. v. ShultzSearch
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We have held, in California Bankers Assn. v. ShultzSearch
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a limited purpose and in which he has a reasonable expectation of privacy. He relies on this Court's statement in Katz v. UnitedSearch
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States, 389 U. S. 347 , 389 U. S. 353 (1967), quoting Warden v. HaydenSearch
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concerning their contents. Cf. Couch v. UnitedSearch
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a)(1). Cf. Couch v. UnitedSearch
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his affairs to another, that the information will be conveyed by that person to the Government. United States v. WhiteSearch
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Hoffa v. UnitedSearch
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Lopez v. UnitedSearch
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of the Bank Secrecy Act that records of depositors' transactions be maintained by banks. In California Bankers Assn. v. ShultzSearch
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requirements of the subpoenas, there would be no intrusion upon the depositors' Fourth Amendment rights. See Osborn v. UnitedSearch
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Lewis v. UnitedSearch
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defendant, even if a criminal prosecution is contemplated at the time the subpoena is issued. California Bankers Assn. v. ShultzSearch
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Donaldson v. UnitedSearch
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does not violate the Fourth Amendment rights of a depositor under investigation. See First National Bank of Mobile v. UnitedSearch
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States, 267 U.S. 576 (1925), aff'g 295 F. 142 (SD Ala.1924). See also California Bankers Assn. v. ShultzSearch
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In Oklahoma Press Pub. Co. v. WallingSearch
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United States v. DionisioSearch
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U. S. 1 , 410 U. S. 11 -12 (1973). Respondent, citing United States v. UnitedSearch
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implications of Boyd as it applies to subpoenas duces tecum have been undercut by more recent cases Fisher v. UnitedSearch
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personal business records may be seized pursuant to a valid warrant is before this Court in No. 74-1646, Andresen v. MarylandSearch
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of evidentiary privileges, such as that protecting communications between an attorney and his client. Cf. Fisher v. UnitedSearch
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upon his First Amendment rights. There was no blanket reporting requirement of the sort we addressed in Buckley v. ValeoSearch
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nor any allegation of an improper inquiry into protected associational activities of the sort presented in Eastland v. UnitedSearch
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This case differs from Burrows v. SuperiorSearch
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authorizes Government officers to seize evidence without requiring enforcement through the courts. See United States v. DionisioSearch
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no occasion for us to address whether the subpoenas complied with the requirements outlined in Oklahoma Press Pub. Co. v. WallingSearch
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in my view, the California Supreme Court correctly interpreted the relevant constitutional language. In Burrows v. SuperiorSearch
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Our rationale is consistent with the recent decision of United States v. MillerSearch
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omitted). The California Supreme Court also addressed the question of the relevance of California Bankers Assn. v. ShultzSearch
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interests is left to unreviewed executive discretion, rather than the scrutiny of a neutral magistrate. United States v. UnitedSearch
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For the most recent examples in this Court, but only in the privacy and Fourth Amendment areas, see, e.g., Kelley v. JohnsonSearch
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Doe v. Commonwealth'sSearch
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upon by respondent to support his Fourth Amendment claim is similar to that rejected as to similar documents in Couch v. UnitedSearch
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In contrast, in the instant case, the banks were obliged only to respond to lawful process, California Bankers Assn. v. ShultzSearch
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and had no obligation to disclose the information voluntarily. The expectation of privacy asserted in Fisher v. UnitedSearch
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the reporting and recordkeeping requirements of the Bank Secrecy Act are unconstitutional. California Bankers Assn. v. ShultzSearch
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