Legal Opinion
City of Phoenix v. Ellwest Stereo Theater
Court of Appeals of Arizona
Decided May 28, 1974No. 1 CA-CIV 2085PublishedCited by 1 opinion
1Opinion of the Court
OPINION
HOWARD, Judge.
This case arises out of a seizure from Ellwest Stereo Theater of a motion picture and its projector pursuant to a search warrant obtained without a prior adversary hearing.
The warrant was supported by three affidavits. The affidavit of Officer Bishop, who had viewed the film, described the sexually explicit acts in the film. In addition, an affidavit of Dr. Dean B. Mitchell was presented to the issuing magistrate. Dr. Mitchell, a clinical psychologist who had qualified as an expert witness in numerous obscenity trials in both superior court and city court, stated that in…
2Cases cited10 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Freedman v. MarylandSupreme Court of the United States · 1965
- Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- United States v. Thirty-Seven (37) PhotographsSupreme Court of the United States · 1971
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3Cited by1 opinion
- State v. FeldCourt of Appeals of Arizona · 1987