Does the issue of probable cause or probable obscenity need to be considered by the courts?
California, United States of America
The following excerpt is from People v. Campise, 242 Cal.App.2d Supp. 905, 51 Cal.Rptr. 815 (Cal. Super. 1966):
[242 Cal.App.2d Supp. 912] In some circumstances the issue of probable cause, or 'probable obscenity' will of course be the subject of judicial inquiry. (People v. Aday, 226 Cal.App.2d 520 at page 531, 38 Cal.Rptr. 199.) In that case the books were acquired by (government) purchase, and not seizure.
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