Is a court empowered to release a film without making a determination that the films were not contraband?
California, United States of America
The following excerpt is from People v. Superior Court, 104 Cal.Rptr. 876, 28 Cal.App.3d 600 (Cal. App. 1972):
The question remains whether the court was empowered to release the films without making a determination that they were not contraband. The People contend that Aday v. Superior Court, Supra, 55 Cal.2d 789, 13 Cal.Rptr. 415, 362 P.2d 47, requires such a determination before return of the property.
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