State v. Welke

*403Peterson, Justice.

Defendant was convicted of violating the Minneapolis obscenity ordinance, Minneapolis Code of Ordinances, § 870.080, by exhibiting and selling a magazine entitled “Kronus.”1 Two of the issues raised by defendant on this appeal merit consideration: (1) Whether the evidence, including “Kronus,” should have been suppressed as impermissibly obtained by the arresting police officers and (2), more importantly, whether the conviction constitutionally may stand under any construction of the obscenity ordinance.

On the evening of January 29, 1970, two plainclothes police officers…