STATE v. McALLISTER


875 A.2d 866 (2005)

184 N.J. 17

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

Supreme Court of New Jersey.

Decided June 20, 2005.


Attorney(s) appearing for the Case

Joseph F. Connor, Jr., Assistant Prosecutor, argued the cause for appellant (Michael M. Rubbinaccio, Morris County Prosecutor, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Russell J. Curley, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).

John D. Caruso, Syracuse, NY, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Garces & Grabler, attorneys).


Justice ZAZZALI delivered the opinion of the Court.

In this appeal, we consider whether account holders have a reasonable expectation of privacy in their bank records, and, if so, the extent of the protection that we should afford that interest.

In 1996, an elderly couple employed defendant as a caretaker. The couple became suspicious that she was stealing money from their bank accounts. They notified the police, and, following an investigation, the police...

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