Aday

Petitioners, Sanford E. Aday et al., seek mandamus requiring the return to them of all books, magazines, papers, records, office supplies and other items of property which were taken from them after an unlawful search and seizure which occurred at their place of business, Number 2823 North Lima Street, Burbank, California, on March 15, 1961. That the search and seizure was unlawful cannot be gainsaid. They were wholly inconsistent with that concept of “ordered liberty” which is inherent in our national foundations and necessary to their continued life.

Curiously, petitioners do not tell us what their business is or was but the affidavit of Sergeant Robert J. Steekbauer of the Burbank police force, upon which a search warrant was issued, avers that petitioners were engaged in publishing and distributing lewd and obscene pictures and books at said Burbank address and the search warrant contains substantially the same language.

The search warrant was issued by Honorable Archie L. Walters, Judge of the Municipal Court of the Burbank Judicial District, on March 15, 1961, and purported to authorize search for and seizure of “ (1) Photographs depicting males and females in obscene…