Is a search warrant required for the seizure of obscene materials in a search for evidence of sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. Cangiano, 464 F.2d 320 (2nd Cir. 1972):
At the same time, it is clear that not every seizure of allegedly obscene materials must be preceded by an adversary determination of obscenity. In United States v. Wild, supra, 422 F. 2d at 39, we indicated that a prior adjudication of obscenity is not required where, after a lawful arrest, a few samples of allegedly obscene materials are seized as evidence for use in a subsequent criminal prosecution. We thereafter explained our holding in Wild as follows:
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