State v. McMahon
Supreme Court of Louisiana
1Opinion of the Court
In re Ellwest Stereo Theater, applying for writ of certiorari to review and stay order. Parish of Orleans, Criminal District Court, Magistrate Section, No. 129-496; Fourth Circuit, Court of Appeal, No. K-0319.
Granted. The court of appeal order is set aside. The case is remanded and the trial judge is directed to determine, after an expedited evidentiary hearing, if necessary, whether there is a bona fide purpose of preserving the objects in question as evidence in a criminal proceeding. See United States v. Polak, 312 F.Supp. 112, 116 (E.D. Pa.1970); Eurpo Books v. Pamerleau, 41 Md.App. 114,…
2Cases cited4 opinions
- Heller v. New YorkSupreme Court of the United States · 1973
- Europo Books, Inc. v. PomerleauCourt of Special Appeals of Maryland · 1979
- United States v. PolakDistrict Court, E.D. Pennsylvania · 1970
- Porno, Inc. v. Municipal CourtCalifornia Court of Appeal · 1973