United States v. Miller
Citation: 425 U.S. 435 (1976)
Facts
The government subpoenaed Miller’s bank records from his bank (checks, deposit slips, financial statements) without a warrant. Miller argued that the records were his private documents protected by the Fourth Amendment.
Issue
Does a bank customer have a Fourth Amendment reasonable expectation of privacy in records maintained by the bank?
Holding
No. Bank records are the bank’s business records, not the customer’s private papers. By dealing with the bank, customers voluntarily convey information to a third party and assume the risk that the bank may share that information with the government.
Rule
Third-party doctrine (bank records): A person has no Fourth Amendment reasonable expectation of privacy in information voluntarily disclosed to a third party. Bank records — checks, deposit slips, statements — are the bank’s records, shared with the bank in the ordinary course of business. Government access to those records via subpoena requires no warrant.
Significance
- Foundational third-party doctrine case, companion to Smith v. Maryland
- Congress responded with the Right to Financial Privacy Act (12 U.S.C. § 3401), creating statutory (not constitutional) protections for bank records
- Carpenter v. United States (2018) created an exception for cell-site location information — some third-party data is so comprehensive that it warrants Fourth Amendment protection despite third-party sharing
- Miller still controls for bank records and financial information generally