State Ex Rel. Maizels v. Juba

This is an appeal from the issuance of a peremptory writ of mandamus by the circuit court.

Petitioner operates a theater in Portland. He scheduled a two-week showing of two films entitled “Love Robots” and “Little Girls.” On the first day of the showing a deputy district attorney attended a performance. The deputy thereafter filed an affidavit and made application to a district judge for a search warrant to search petitioner’s theater and to seize the films. The ground asserted as a basis for the warrant ivas the purported dissemination of obscene matter in violation of ORS 167.151. The…