City of Duluth v. Wendling

This is an appeal by the city of Duluth from an order of St. Louis County District Court granting a motion by defendant made pursuant to Minn. St. 626.21 for the return of a motion picture film which the city seized by authority of a warrant for use in criminal obscenity proceedings against defendant. The city contends that the district court erred when it concluded that a magistrate may not issue a warrant for the seizure of the only copy of an allegedly obscene film in the absence of a prior adversary hearing. The city contends, moreover, that there exists no constitutional requirement that…