Mapp Dunaway Hearing Example Case in New York

In People v. Ketcham, 93 N.Y.2d 416, 690 N.Y.S.2d 874, 712 N.E.2d 1238 [1999], a Mapp Dunaway hearing was held to determine the admissibility of the currency and other property recovered from defendant at the time of his arrest, subsequent to a "buy and bust" operation. Officer Nardi, the apprehending officer, testified that the "ghost" officer radioed him that there had been a "positive buy" at "Stone and Sutter." The ghost officer, in addition, provided a detailed description of the suspect. Although there was no direct evidence regarding the ghost's basis of knowledge, the suppression court could permissibly infer from Officer Nardi's testimony that the ghost officer's information was obtained from first-hand observation. Under these circumstances, suppression was properly denied .