STATE v. ALBINI

Nos. 71-736 and 71-737.

31 Ohio St. 2d 27 (1972)

THE STATE OF OHIO, APPELLEE, v. ALBINI, APPELLANT. CITY OF COLUMBUS, APPELLEES, v. SURIANO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 5, 1972.


Attorney(s) appearing for the Case

Mr. James J. Hughes, city attorney, Mr. Carl T. Wolfrom and Mr. Daniel W. Johnson, for appellees.

Mr. James R. Willis, for appellants.


HERBERT, J.

This case does not involve the seizure of alleged contraband.

Appellants are unable to produce any decision of the United States Supreme Court which requires us to hold that "police officers may not, consistent with the First and Fourteenth Amendments, make a unilateral determination, after viewing a particular motion picture film, that it is obscene and then proceed without a warrant to arrest the exhibitor and seize the film."

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