Muchmore

Stephen Jeffrey Muchmore appeals the judgment after he pleaded guilty to one count of passing bad checks with intent to defraud (Pen. Code, § 476a).

On June 8, 1977, Muchmore opened a checking account at the California Canadian Bank (Bank) in San Diego with a $50 deposit. Two days later he deposited a check drawn on a Massachusetts bank for $841.75 less $50 cash. The check was returned because the account had been closed. During the next two months Muchmore passed a number of checks at various commercial establishments drawn on Bank which were returned because of insufficient funds (N.S.F.). On August 23, 1977, Detective Richard P. Shaw sent a form letter to Bank stating a criminal report had been filed against Muchmore and asking for information on his account. On September 29, 1977, after returning 42 checks because of insufficient funds, Bank closed Muchmore’s account. On November 23, 1977, a subpoena duces tecum was issued for Muchmore’s bank records. He challenges the police requests for information.

Muchmore concedes when a customer draws a N.S.F. check on a bank, the bank is not a neutral party to the transaction and the depositor’s right of privacy becomes…