UNITED STATES v. TUPLER

No. 76-2512.

564 F.2d 1294 (1977)

UNITED STATES of America, Appellee, v. Jack Kopel TUPLER and Bernard Haft, Appellants.

United States Court of Appeals, Ninth Circuit.

November 22, 1977.


Attorney(s) appearing for the Case

Burton C. Jacobson (argued), Beverly Hills, Cal., Bernard A. Berkman (argued) of Berkman, Gordon, Kancelbaum & Levy, Cleveland, Ohio, for appellants.

R. A. Wright (argued), Las Vegas, Nev., for appellee.

Before GOODWIN and SNEED, Circuit Judges and HILL, District Judge.


GOODWIN, Circuit Judge:

After a jury trial, defendants Tupler and Haft were convicted on two counts of interstate transportation of obscene materials in violation of 18 U.S.C. §§ 2, 1462, and 1465. We reverse the convictions because the search warrant under which the allegedly obscene films were seized did not meet constitutional requirements.

There is no substantial dispute about the facts leading to the issuance of the warrant. On April 29, 1974...

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