State v. McMahon

Supreme Court of Louisiana

State v. McMahon

426 So. 2d 178, 1983 La. LEXIS 9592

CourtSupreme Court of Louisiana

DecidedFebruary 4, 1983

DocketNo. 82-K-2951

StatusPublished

This text of 426 So. 2d 178 (State v. McMahon) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. McMahon, 426 So. 2d 178, 1983 La. LEXIS 9592 (La. 1983).

Pincite

Opinion

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, 395 A.2d 1195 (Md.1979); Porno, Inc. v. Municipal Court, 33 Cal.3d 122, 108 Cal.Rptr. 797 (1973). Cf. Heller v. New York, 413 U.S. 483 at 491-93, 93 S.Ct. 2789 at 2794-95, 37 L.Ed.2d 745 (1973).

Free access — add to your briefcase to read the full text and ask questions with AI

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, 395 A.2d 1195 (Md.1979); Porno, Inc. v. Municipal Court, 33 Cal.3d 122, 108 Cal.Rptr. 797 (1973). Cf. Heller v. New York, 413 U.S. 483 at 491-93, 93 S.Ct. 2789 at 2794-95, 37 L.Ed.2d 745 (1973).

Cite This Page — Counsel Stack

Bluebook (online)

426 So. 2d 178, 1983 La. LEXIS 9592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcmahon-la-1983.

Opinion

Related

Cite This Page — Counsel Stack