Legal Opinion

In re David D.

New York City Family Court

Decided November 17, 2001Published

1Opinion of the Court

*328OPINION OF THE COURT

Paula J. Hepner, J.

In accordance with sections 330.2, 332.1 (7) and 332.2 of the Family Court Act the respondent moved to suppress physical evidence, pursuant to Mapp v Ohio (367 US 643 [1961]), on the grounds that the stop, seizure, search and arrest of the respondent were without probable cause. After oral argument the court granted the respondent’s motion for a Mapp hearing.

Findings of Fact

At 10:34 p.m. on August 10, 2001 Police Officer Anna McHenry was on patrol with her partner, Police Officer Taylor, when they received a radio run stating that one of two males…

2Cases cited25 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. Adams v. WilliamsSupreme Court of the United States · 1972
  5. Alabama v. WhiteSupreme Court of the United States · 1990

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