State v. McMahon

• Decision Date: 04 February 1983
• Docket Number: No. 82-K-2951,82-K-2951
• Citation: 426 So.2d 178
• Parties: STATE of Louisiana v. Michael McMAHON. In re Ellwest Stereo Theater.
• Court: Louisiana Supreme Court

Page 178

426 So.2d 178

STATE of Louisiana v. Michael McMAHON. In re Ellwest Stereo Theater.

No. 82-K-2951.

Supreme Court of Louisiana.

Feb. 4, 1983.

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).