Legal Opinion

Egan v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1938No. Claim No. 24476PublishedCited by 11 opinions

1Opinion of the Court

—Judgment affirmed, with costs. Memorandum: On sufficient evidence, the court below found that the State Police sergeant failed to make a reasonably careful examination of the Egan car to determine whether it was the one for which he was looking, failed to inform the claimants that he was a police officer and of the nature of the charge against them, before he attempted to place them under arrest, and that he was negligent in these particulars. Unless a felony is being committed in his presence, a peace officer, who attempts to make an arrest without a warrant, must disclose his authority and…

2Cases cited3 opinions

  1. People v. . MarendiNew York Court of Appeals · 1915
  2. Kline v. StateNew York Court of Appeals · 1938
  3. Kline v. StateAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by11 opinions

  1. Jones v. State of New YorkNew York Court of Appeals · 1973
  2. Brody v. P. J. LeamyNew York Supreme Court · 1977
  3. Nephew v. StateNew York Court of Claims · 1942
  4. Dulinak v. StateNew York Court of Claims · 1940
  5. King v. City of New YorkNew York Supreme Court · 1956

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