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NEW YORK v. P. J. VIDEO, INC.

No. 85-363.

475 U.S. 868 (1986)

106 S.Ct. 1610

89 L.Ed.2d 871

NEW YORK v. P. J. VIDEO, INC., DBA NETWORK VIDEO, ET AL.

Supreme Court of United States.

Decided April 22, 1986

Attorney(s) appearing for the Case

John J. DeFranks argued the cause for petitioner. With him on the briefs was Richard J. Arcara.

Paul John Cambria, Jr., argued the cause and filed a brief for respondents.*

JUSTICE REHNQUIST delivered the opinion of the Court.

This case concerns the proper standard for issuance of a warrant authorizing the seizure of materials presumptively protected by the First Amendment. Respondents P. J. Video, Inc., and James Erhardt were charged in the village of Depew, New York, Justice Court with six counts of obscenity in the third degree under § 235.05(1) of the New York Penal Law.1 Respondents moved to suppress...

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