In Re Grand Jury Subpoena Duces Tecum. United States of America v. James R. And Roseanne Privitera

James R. and Roseanne Privitera appeal from the refusal of the district court to quash a subpoena duces tecum directed to the United California Bank in Covina, California. The subpoena ordered production before a grand jury of certain bank records pertaining to the Priviteras.

The Priviteras moved to quash the subpoena on the grounds that it violated their Fourth Amendment rights; that it violated the First Amendment; that it was brought solely for purposes of harassment; and that it was the product of an illegal wiretap.

Standing to assert the Fourth Amendment claim is asserted under California banking law. The Priviteras claim that they had a reasonable expectation of privacy with respect to their bank records. Whatever may be the abstract merits of this argument, it is now settled that a bank depositor does not have standing to enjoin either the bank or the government in the exercise of the grand jury’s power to use the subpoena in its investigations into possible crimes within the district. United States v. Miller, 425 U.S. 435 , 96 S.Ct. 1619 , 48 L.Ed.2d 71 (1976).

The Priviteras have identified no free speech interest impinged upon by this subpoena, and we can find none.…