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PERIAL AMUSEMENT CORP. v. MORSE

No. 890, Docket 73-1485.

482 F.2d 515 (1973)

PERIAL AMUSEMENT CORP. et al., Plaintiffs-Appellants, v. Robert A. MORSE, Individually and in his Capacity as the United States Attorney for the Eastern District of New York, and Max Schiffman, Individually and in his Capacity as a United States Magistrate for the Eastern District of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 1, 1973.

Attorney(s) appearing for the Case

Ralph J. Schwarz, Jr., New York City (Herbert S. Kassner, Kassner & Detsky, New York City, of counsel), for plaintiffs-appellants.

Ronald E. DePetris, Asst. U.S. Atty (Robert A. Morse, U.S. Atty., E. D. New York, L. Kevin Sheridan, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge and MANSFIELD and BREITENSTEIN, Circuit Judges.

MANSFIELD, Circuit Judge:

In an age that has witnessed unprecedented liberality in matters sexual, we are asked on this appeal to determine whether, in proceedings for enforcement of laws against obscenity through seizure of allegedly obscene material, First Amendment rights have been violated. At issue is the appropriateness and constitutionality of proceedings instituted by the government pursuant to Rule 41, F.R.Cr.P., whereby it applied to a federal magistrate...

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