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RICCIARDI v. THOMPSON

Nos. 72-1665, 72-1666 and 72-1677.

480 F.2d 167 (1973)

Patsy RICCIARDI, Plaintiff-Appellant, v. James R. THOMPSON, etc., et al., Defendants-Appellees. UNITED STATES of America, Petitioner-Appellee, v. Patrick RICCIARDI et al., Respondents-Appellants. UNITED STATES of America, Petitioner-Appellee, v. Sean O'CONNOR and Bijou Theatre, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1973.

Attorney(s) appearing for the Case

Patrick A. Tuite, Melvin B. Lewis, Chicago, Ill., for plaintiffs-appellants.

James R. Thompson, U. S. Atty., William T. Huyck, Asst. U. S. Atty., Chicago, Ill., John L. Murphy, Donald Feige, Crim.Div., Dept. of Justice, Washington, D. C., for petitioner-appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and KILEY, Circuit Judge.

KILEY, Circuit Judge.

These appeals, all of which arise out of the government's seizure of allegedly obscene films for use in impending prosecutions of the theater owners for violation of 18 U.S.C. § 1462, present a common challenge to the procedure used to effect the seizures.1 Although the factual situations are somewhat different, each appeal asserts that the district court's issuance of a rule to "show cause" why a search warrant...

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