CITY OF PHOENIX v. ELLWEST STEREO THEATER

No. 1 CA-CIV 2085.

21 Ariz. App. 611 (1974)

522 P.2d 567

CITY OF PHOENIX, Arizona, a municipal corporation, STATE of Arizona, Real Party in Interest, Appellants, v. ELLWEST STEREO THEATER and Ronald Dale Powell, Appellees.

Court of Appeals of Arizona, Division 1.

May 28, 1974.


Attorney(s) appearing for the Case

Joe R. Purcell, Phoenix City Atty., by Alan S. Max, Asst. City Atty., Phoenix, for appellants.

Richard J. Hertzberg, Phoenix, for appellees.


OPINION

HOWARD, Judge.

This case arises out of a seizure from Ellwest Stereo Theater of a motion picture and its projector pursuant to a search warrant obtained without a prior adversary hearing.

The warrant was supported by three affidavits. The affidavit of Officer Bishop, who had viewed the film, described the sexually explicit acts in the film. In addition, an affidavit of Dr. Dean B. Mitchell was presented to the issuing magistrate. Dr. Mitchell...

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