In Re Grand Jury Subpoena East National Bank of Denver

MEMORANDUM OPINION

WINNER, Chief Judge.

Grand Jury subpoenas were served on Southeast State Bank and East National Bank of Denver. Those subpoenas commanded the production of customers’ records, and the banks and their lawyers found themselves on the horns of a dilemma. Their quandary stemmed from diametric conclusions of the United States Supreme Court and the Supreme Court of Colorado in the interpretation of the same provisions of the United States Constitution and the Colorado Constitution.

In United States v. Miller (1976) 425 U.S. 435, 96 S.Ct. 1619, 48 L.Ed.2d 71, a divided court held…