Brady v. City of Mobile
Brady v. City of Mobile
53 Ala. App. 739; 299 So. 2d 779; 1974 Ala. Crim. App. LEXIS 1347
Brady v. City of Mobile
Opinion of the Court
Ordinance breach for exhibiting an obscene film.
The film was seized as an incident to the arrests of the projectionist and manager of the cinema. No copy was made. No adversary proceeding for a judicial determination was available following seizure. A provision for a hearing before seizure in Ordinance 41-085 had been repealed.
We remand to the trial court to ascertain the applicability of Heller v. New York (1973) 413 U.S. 483, 93 S.Ct. 2789, 37 L.Ed.2d 745, and cases therein cited.
Remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.