NCJ Number
7429
Journal
POLICE LAW QUARTERLY Volume: 11 Issue: 1 Dated: (OCTOBER 1972) Pages: 15-19
Date Published
1972
Length
5 pages
Annotation
ANALYSIS OF POLICE ARREST AND SEIZURE POWERS WHEN INVESTIGATING ALLEGED VIOLATIONS OF OBSCENITY STATUTES.
Abstract
THIS ARTICLE EXAMINES RECENT COURT DECISIONS IN AN ATTEMPT TO DEFINE WHEN AND HOW A POLICE OFFICER MAY ENFORCE OBSCENITY LAWS. THE AUTHOR NOTES THAT, UNDER PREVAILING LAW, ARRESTS MAY BE MADE WITHOUT A PRIOR ADVERSARY HEARING BUT NO WHOLESALE SEIZURES MAY BE MADE INCIDENT TO THAT ARREST WITHOUT SUCH A HEARING. AFTER REVIEWING PERTINENT CASE LAW, THE AUTHOR CONCLUDES THAT EXISTING LAW DOES NOT PERMIT THE WHOLESALE SEIZURE OF ALLEGEDLY OBSCENE FILMS OR BOOKS WITHOUT THE TESTIMONY OF A WITNESS WHO SAW THE FILM OR WITHOUT A COPY OF THE BOOK PURCHASED BY A CITIZEN OR POLICE OFFICER.