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Fourth Amendment Right to Privacy with Respect to Bank Records in Criminal Cases

By   /  January 16, 2014  /  4th Amendment, Constitutional Law, Featured 

Gavel on Lawbook

In People v. Lomma, the court held that the defendant had no standing to move to quash the People’s subpoena for his personal banking records in a criminal proceeding. The Supreme Court of New York County based its decision on state precedent and the United States Supreme Court’s seminal decision of United States v. Miller. In Miller, the Court held that a criminal defendant did not have a Fourth Amendment interest in his banking records. The court in Lomma followed a similar rationale as this issue is slowly evolving and New York has not yet given a criminal defendant a Fourth Amendment interest in his or her personal bank records.

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