State v. Bryant

SHAEP, Justice.

Appellants argued in the Court of Appeals that the items seized, “based on their content and on the manner in which they were distributed and offered for sale, are not obscene.” However, no exhibits were made a part of their case on appeal. The Court of Appeals did not consider this question and, in this Court, appellants do not argue it.

Here, defendants pose three interlocking questions: (1) Could the State constitutionally seize “substantially the entire inventories” of defendants’ three stores as an incident to their arrest upon charges of disseminating obscenity prior to a…