People v. Nesbitt 

Defendant was charged with theft of $40,200 from local bank. Court granted Defendant's motion to suppress bank records, as State violated her right to privacy, under search and seizure provision of the Illinois Constitution when it procured bank records pertaining to her and her husband without first obtaining a subpoena. The privacy clause of the Illinois Constitution extends protection to bank records, which is greater protection for bank records than the federal constitution provides. The Banking Act did not exempt the State from obtaining a subpoena or warrant for these records during its criminal investigation. "Inevitable discovery" doctrine is inapplicable, as no evidence in record shows that failure to obtain a subpoena or warrant was due to a mistaken reliance on the Banking Act, and there was no testimony that an independent investigation was in progress at time records were obtained. (McLAREN and HUTCHINSON, concurring.)