No. A-61 September Term 2014, 075691.

141 A.3d 270 (2016)

226 N.J. 129

STATE of New Jersey, Plaintiff-Appellant, v. Gary LUNSFORD, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 1, 2016.

Corrected August 3, 2016.

Attorney(s) appearing for the Case

Ronald Susswein , Assistant Attorney General, argued the cause for appellant ( John J. Hoffman , Acting Attorney General of New Jersey, attorney; Mr. Susswein, Claudia Joy Demitro , Ian C. Kennedy , and Jane C. Schuster , Deputy Attorneys General, of counsel and on the briefs).

Dean I. Schneider , Red Bank, argued the cause for respondent ( Schneider Freiberger , attorneys).

Kevin H. Marino argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Marino, Tortorella & Boyle, attorneys; Mr. Marino, John D. Tortorella , and Erez J. Davy , Chatham, on the brief).

Frank L. Corrado , Wildwood, argued the cause for amici curiae American Civil Liberties Union of New Jersey, Brennan Center for Justice, Electronic Frontier Foundation and Office of the Public Defender ( Edward L. Barocas , Legal Director, attorney; Mr. Corrado, Alexander R. Shalom , Rubin M. Sinins , Newark, and Annabelle M. Steinhacker , on the brief).

For more than three decades, this Court has departed from federal law and recognized that, under the New Jersey Constitution, individuals have a reasonable expectation of privacy in information they provide to phone companies, banks, and Internet service providers in order to use commercial...

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