B.A.P. v. Robert P. McCulloch

RICHARD S. ARNOLD, Circuit Judge.

B.A.P., Inc., filed this complaint for declaratory judgment and injunction to determine whether a Missouri statute which sets out the procedure for obtaining search warrants for obscene material is unconstitutional on its face or as applied. The District Court 2 found that the failure of the Missouri statute to include the procedural safeguards urged by B.A.P. did not render the statute unconstitutional, and that the statute as applied to B.A.P. conformed to all relevant constitutional standards. B.AP., Inc. v. McCulloch, 994 F.Supp. 1131 (E.D.Mo.1998). We…