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Criminal Procedure keyed to Israel
Zurcher v. Stanford Daily
Facts
Respondent newspaper published a report with photographs about a clash between demonstrators and police at a hospital. A warrant was issued for petitioner members of law enforcement to search the respondent’s offices for the photographs based on probable cause that they had such photos. The District Court accepted the respondent’s argument that the Fourth Amendment as applied to states through the Fourteenth Amendment did not allow a warrant to be issued to search for materials in someone’s possession who is not suspected of a crime unless there is probable cause that a subpoena duces tecum would be impracticable. Also, First Amendment concerns would only make the search permissible if there is a clear showing that important materials might be destroyed or removed from the jurisdiction, and that a restraining order would be futile. The Ninth Circuit Court of Appeals affirmed and the Petitioner group of police officers was granted certiorari.
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