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Criminal Procedure Keyed to Dressler
Lo-Ji Sales, Inc. v. New York
Citation:442 U.S. 319, 99 S.Ct. 2319, 60 L.Ed.2d 920.
An investigator for the New York State Police purchased two reels of film from the defendant’s so-called “adult” bookstore. Upon viewing them, he concluded the films violated New York’s obscenity laws. Based upon an affidavit of the investigator, a warrant was issued authorizing the search of the defendant’s store. On the list of “things to be seized,” the warrant described only the copies of the two films the state investigator had purchased.
Officers seized hundreds of books, films, and articles. After the search was completed, the seized items were taken to a State Police barracks where they were inventoried. Each item was then listed on the search warrant. The warrant, which had consisted of 2 pages of when he signed it before the search, contained 16 pages after the inventory. The town justice signed the amended warrant.
The defendant appealed.
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