Supreme Court of Louisiana, 1977

In re Seizure of All Copies of Magazine Entitled \Knave\""

In re Seizure of All Copies of Magazine Entitled \Knave\""
Supreme Court of Louisiana · Decided November 4, 1977 · Sanders, Summers
352 So. 2d 187; 1977 La. LEXIS 4868 (Southern Reporter, Second Series)

In re Seizure of All Copies of Magazine Entitled \Knave\""

Opinion of the Court

In re: Gimore’s Newsstand and Leo Mice-li applying for writ of certiorari.

Writ granted. Since the search warrant authorized the seizure of all copies of the specified titles and since the petitioner was not afforded a hearing on the question of obscenity before the warrant issued, the procedure was constitutionally deficient. The search warrant and the blanket seizure are quashed and use of the materials as •evidence is suppressed. See A Quantity of Copies of Books v. Kansas, 378 U.S. 205, 84 S.Ct. 1723, 12 L.Ed. 809 (1964).

Dissenting Opinion

SANDERS, C. J., and SUMMERS, J.,

dissent, being of the opinion that reduction of the seizure to one copy would satisfy constitutional requirements.

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