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STATE v. McALLISTER

840 A.2d 967 (2004)

366 N.J. Super. 251

STATE of New Jersey, Plaintiff-Respondent, v. Marlene McALLISTER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 2004.

Attorney(s) appearing for the Case

Robert Seelenfreund, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorneys; Mr. Seelenfreund, of counsel and on the brief).

Joseph Connor, Jr. Assistant Prosecutor, argued the cause for respondent (Michael M. Rubbinaccio, Morris County Prosecutor, attorneys; Mr. Connor, on the brief).

Russell J. Curley, Deputy Attorney General, argued the cause for amicus curiae (Peter C. Harvey, Attorney General, attorneys; Mr. Curley, on the brief).

Before Judges SKILLMAN, WELLS and FISHER.

The opinion of the court was delivered by WELLS, J.A.D.

During Marlene McAllister's criminal trial, the judge denied her motion to suppress and admitted her bank records in evidence. The prosecutor had obtained those records by the service of grand jury subpoenas on her banks without prior notice to her. We hold, on exclusively state constitutional grounds that, from the date of this decision forward, because persons have...

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