Wiener

MEMORANDUM

The plaintiff for some time past has operated a business, with some five outlets, within San Diego County for the sale to and view by the public of so-called “for adult only” magazines, pictures and motion picture film with projectors.

City and County of San Diego police officers conducted an investigation of the items offered to public purchase and view and the plaintiff was indicted by the Grand Jury of San Diego County for the alleged crime of sale and distribution of obscene materials under California law. Search warrants were obtained pursuant to California Penal Code Sections 1523-1542 and on June 19th, last, a mass raid was made upon the several outlets with the resulting seizure of substantially all of plaintiff’s stock in trade.

On June 29th, plaintiff instituted these proceedings, claiming, briefly, that the search warrants and the mass seizure thereunder were over-broad, that the warrants were issued by magistrates ex parte upon mere alleged probable cause and without a prior judicial adversary hearing to determine whether the magazines and film were legally obscene, and that the mass seizure and prosecution were and are being carried on to harass the…