Legal Opinion

State v. McMahon

Supreme Court of Louisiana

Decided February 4, 1983No. 82-K-2951Published

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

  1. Heller v. New YorkSupreme Court of the United States · 1973
  2. Europo Books, Inc. v. PomerleauCourt of Special Appeals of Maryland · 1979
  3. United States v. PolakDistrict Court, E.D. Pennsylvania · 1970
  4. Porno, Inc. v. Municipal CourtCalifornia Court of Appeal · 1973

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API