If asked, most Americans would be surprised to learn, or maybe even shocked to learn, that they have absolutely no right to privacy in the records maintained by the institutions with whom they bank.

In order to get a person’s bank statements, a prosecutor need only ask. There is no need to obtain a search warrant from an independent magistrate or obtain a subpoena from a sitting grand jury. This has been the law for the past 38 years as a result of the decision of the Supreme Court in United States v. Miller, 425 U.S. 435, 96 S.Ct. 1619 (1976).