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PEOPLE EX REL. McKEVITT v. HARVEY

No. 23789.

491 P.2d 563 (1971)

The PEOPLE of the State of Colorado, ex rel. James D. McKEVITT, District Attorney, Second Judicial District, State of Colorado, Plaintiff in Error, v. Donald L. HARVEY et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

December 6, 1971.

Attorney(s) appearing for the Case

James D. McKevitt, Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., James W. Creamer, Jr., Chief Deputy Dist. Atty., Edward A. Simons, H. Alan Dill, Deputy Dist. Attys., Denver, for plaintiff in error.

Hoffman, Goldstein & Armour, Richard C. Lonnquist, Denver, for defendants in error.

ERICKSON, Justice.

In an ex parte proceeding which occurred on July 15, 1968, the Denver Police Department obtained a search warrant that authorized the seizure of obscene materials located on the business premises of the defendants in error. See C.R.S.1963, 40-9-19. Armed with the warrant, police officers proceeded to the premises and conducted a thorough search which lasted approximately two and one-half hours. The search resulted in the seizure of several...

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