· 5/31/1994
Sciangula v. Mancuso
Citations
- 204 A.D.2d 708
- 612 N.Y.S.2d 645
- 1994 N.Y. App. Div. LEXIS 5783
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting magistrate entitled to draw logical inferences based on facts contained in the affidavit and magistrate’s probable cause determination is reviewed with great deference
- decision to issue warrant will be upheld so long as magistrate had a substantial basis for probable cause finding
- we defer to the magistrate’s finding of probable cause if, under the totality of the circumstances, the affidavit shows a substantial basis for the conclusion
- “facts showing the strong odor of alcohol coming from a driver who has recently been involved in a serious motor vehicle accident resulting in significant injuries demonstrate probable cause”
- defendant bears burden of showing statements in probable-cause affidavit are false
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.