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MARCUS v. SEARCH WARRANT

No. 225.

367 U.S. 717 (1961)

81 S.Ct. 1708

6 L.Ed.2d 1127

MARCUS ET AL. v. SEARCH WARRANT OF PROPERTY AT 104 EAST TENTH STREET, KANSAS CITY, MISSOURI, ET AL.

Supreme Court of United States.

Decided June 19, 1961.

Attorney(s) appearing for the Case

Sidney M. Glazer argued the cause for appellants. With him on the brief were Morris A. Shenker and Bernard J. Mellman.

Fred L. Howard, Assistant Attorney General of Missouri, argued the cause for appellees. With him on the brief were Thomas F. Eagleton, Attorney General, and John C. Bauman, Assistant Attorney General.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

This appeal presents the question whether due process under the Fourteenth Amendment was denied the appellants by the application in this case of Missouri's procedures authorizing the search for and seizure of allegedly obscene publications preliminarily to their destruction by burning or otherwise if found by a court to be obscene. The procedures are statutory, but are supplemented by a rule of the Missouri...

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