Legal Opinion · Dissent
State v. Albini
Ohio Supreme Court
Decided July 5, 1972No. Nos. 71-736 and 71-737Published
1DissentBrown, J.
Contrary to the approach taken by the majority in these cases, searches and seizures in connection with allegedly obscene material are not governed by the standards controlling searches and seizures with respect to narcotics, gambling paraphernalia, and other such contraband. Marcus v. Search Warrant (1961), 367 U. S. 717; A Quantity of Books v. Kansas (1964), 378 *33U. S. 205; and Freedman v. Maryland (1965), 380 U. S. 51; 5 A. L. R. 3d 1214, 1225.
As held by the majority of cases considering this issue, Ihe possessor of materials seized as being allegedly obsence is entitled to an adversary…
2Cases cited23 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Freedman v. MarylandSupreme Court of the United States · 1965
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
- Delta Book Distributors, Inc. v. CronvichDistrict Court, E.D. Louisiana · 1969
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