Introducing ATLASLearn more
Legal Opinion

People v. McElhaney

New York Supreme Court

Decided February 21, 1990PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerald Sheindlin, J.

The defendant was charged with criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) and moved to suppress a gun recovered from her pocketbook. A Mapp hearing was conducted on January 26, 1990. The issue presented in this case is whether a computer-generated police alarm of a stolen car, which is incorrect because of police failure to cancel the alarm, can establish probable cause to support the arrest and search of the lawful owners of the automobile. This court finds that probable cause cannot be generated under the facts of…

2Cases cited6 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  3. People v. BigelowNew York Court of Appeals · 1985
  4. People v. JenningsNew York Court of Appeals · 1981
  5. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Commonwealth v. HecoxMassachusetts Appeals Court · 1993
  2. State v. MullerSouth Dakota Supreme Court · 2005
  3. State v. MooreNew Jersey Superior Court Appellate Division · 1992
  4. Commonwealth v. MaingretteMassachusetts Appeals Court · 2014
  5. Commonwealth v. MaingretteMassachusetts Appeals Court · 2014

2 more not listed; retrieve them via the Exa API.

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

View API DocsGet API Key

Powered by the Exa API