Flack v. Municipal Court for the Anaheim-Fullerton Judicial District

In this action for writ of mandate we are called upon to determine whether law enforcement officers have used sufficiently “sensitive tools”1 in attempting to curb alleged obscenity.

Plaintiffs (hereinafter called petitioners) appeal from an adverse judgment on their complaint for writ of mandate to compel respondent to return an allegedly obscene film seized at the time of their arrest. We are not called upon in this proceeding to ascertain whether the film is in law or fact obscene.

Petitioners contend that the seizure of the film without a search warrant or other judicial determination of…