State of New Jersey, Plaintiff-Appellant v. Marlene McAllister, Defendant-Respondent

Summary

The Court held that the New Jersey Constitution guarantees a reasonable expectation of privacy in bank records, but that grand jury subpoenas for such records satisfy constitutional requirements if they are relevant, not necessarily based on probable cause, and that no notice to the account holder is constitutionally required. The Court reversed the Appellate Division’s requirement of probable cause and notice, affirmed the conviction, and directed the Criminal Practice Committee to study possible procedural safeguards. Justice Wallace, in a concurring opinion, agreed with the relevance standard but argued that the Court need not reach the privacy question.