Legal Opinion
Stengel v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1963PublishedCited by 10 opinions
1Per curiam
Denial to appellants of the due process of law, guaranteed to them by the Fourteenth Amendment of the Constitution of the United States and section 6 of article I of the Constitution of the State of New York, by seizure of allegedly obscene publications prior to any adjudication of their obscenity, infected the action and for that reason the final order must be reversed.
Plaintiff brought this action under section 22-a of the Code of Criminal Procedure on January 4, 1963. In his amended complaint verified on January 9, 1963, he alleges that on December 5, 1962 police officers purchased and…
2Cases cited2 opinions
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
3Cited by10 opinions
- Flack v. Municipal Court for the Anaheim-Fullerton Judicial DistrictCalifornia Supreme Court · 1967
- Cambist Films, Inc. v. DugganCourt of Appeals for the Third Circuit · 1969
- Potwora v. DillonCourt of Appeals for the Second Circuit · 1967
- Potwora v. DillonCourt of Appeals for the Second Circuit · 1967
- Evergreen Review, Inc. v. CahnDistrict Court, E.D. New York · 1964
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