City News Center, Inc. v. Carson
| Decision Date | 17 April 1969 |
| Docket Number | No. 69-268-Civ-J.,69-268-Civ-J. |
| Citation | 298 F. Supp. 706 |
| Parties | CITY NEWS CENTER, INC., Petitioner, v. Dale CARSON et al., Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Norman J. Abood, Jacksonville, Fla., Robert Eugene Smith, Towson, Md., for petitioner.
David U. Tumin, James Harrison, Asst. Counsel, Jacksonville, Fla., for defendants.
A hearing on Petitioner's Motion for a Temporary Restraining Order in the above entitled cause was held on April 16, 1969. It appears from the allegations of the verified complaint, which are not disputed by Defendants, and the testimony given at the hearing, that on or about April 10, 1969, police officers under the direction of Defendants entered Petitioner's store and subsequently purchased two cellophane-wrapped publications displayed for sale, entitled "The Male Swinger" and "Photo Field Trip." After removing the wrappers, the officers summarily perused the contents and advised the manager of Petitioner that they intended to arrest the clerk on duty from whom they had obtained the magazines. Then, upon a signal from the officers inside the store, nine additional police officers, who had been stationed outside, entered the store and began removing magazines from the display shelves. After summary determinations, certain seizures were made. Approximately 103 titles, numbering more than 900 volumes, were seized, as well as twelve coin operated amusement machines containing film for display. The police officers were accompanied by approximately four prisoners from the local jail and two trucks to haul away the seized materials. The police officers were also accompanied by several newspaper reporters and television cameramen who were permitted to enter the store at the time of the seizures.
It is undisputed that no warrant had been issued authorizing the seizures, and that no adversary proceeding on the issue of obscenity had been conducted before the seizures were made. The procedures employed were, therefore, constitutionally defective. Quantity of Copies of Books v. Kansas, 378 U.S. 205, 84 S. Ct. 1723, 12 L.Ed.2d 809 (1964); Marcus v. Search Warrant, 367 U.S. 717, 81 S.Ct. 1708, 6 L.Ed.2d 1127 (1961).
As the possibility of a violation of a substantial constitutional right has been shown, and a showing of irreparable harm has been made, the temporary restraining order will issue.
By this ruling, the court suggests no opinion with reference to...
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City News Center, Inc. v. Carson
...prosecutions arising from the events of April 10, 1969. A temporary restraining order was entered April 17, 1969, reported at 298 F.Supp. 706 (M.D.Fla., 1969), and an evidentiary hearing was held May 14, 1969, on petitioner's motion for a preliminary injunction and upon the respondents' mot......
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Carroll v. City of Orlando, Civ. No. 69-255-Orl.
...cert. denied 396 U.S. 985, 90 S.Ct. 478, 24 L.Ed.2d 449 (1969); Metzger v. Pearcy, 7 Cir. 1968, 393 F.2d 202; City News Center, Inc. v. Carson, M.D.Fla. 1969, 298 F.Supp. 706; Morrison v. Wilson, 307 F.Supp. 196 N.D.Fla. Dec. 5, 1969 (three-judge court); May v. Harper, 306 F.Supp. 1222 N.D.......
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HMH Publishing Co. v. Oldham
...Pearcy, 393 F.2d 202 (7th Cir. 1968); Grove Press Inc. v. City of Philadelphia, 300 F.Supp. 281 (E.D.Pa. 1969); City News Center, Inc. v. Carson, 298 F.Supp. 706 (M.D.Fla.1969); Masters v. Russell, 308 F.Supp. 306 (M.D.Fla. 9/24/69); Morrison v. Wilson, No. PCA 2110 (N. D.Fla. 9/5/69); Cart......
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Cambist Films, Inc. v. Duggan
...200; Flack v. Municipal Court for Anaheim-Fullerton J. D., 1967, 66 Cal.2d 981, 59 Cal.Rptr. 872, 429 P.2d 192; City News Center, Inc. v. Carson, D.C.Fla.1969, 298 F. Supp. 706; Sokolic v. Ryan, D.C.Ga.1969, 304 F.Supp. 213. We are in complete accord with the views expressed by the Supreme ......