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IL: State constitution recognizes privacy in bank records

By John Wesley Hall, Jr.

Illinois holds that there is a state constitutional right of privacy in bank records, deciding that the state constitution is not interpreted in lockstep with the Fourth Amendment, and Miller would not be followed. People v. Nesbitt, 2010 Ill. App. LEXIS 1192 (November 8, 2010): Further, as the privacy clause of our state constitution expands upon the protections offered by the federal constitution, it also expands upon the rights guaranteed by our own search and seizure provision. The court in Caballes noted that our constitution's privacy clause provides protection in addition to its search and seizure clause and that it is broadly written, with no definition limiting the types of privacy intended to be protected. Caballes, 221 Ill. 2d at 317...continue to full post

Full post as published by Fourth Amendment on November 18, 2010 (boomark / email).