California, United States of America
The following excerpt is from Porno, Inc. v. Municipal Court, 108 Cal.Rptr. 797, 33 Cal.App.3d 122 (Cal. App. 1973):
What has happened is that plaintiff has been subjected to punishment not authorized for its alleged crime (see Pen.Code, 311.9). The nature of the property taken aggravates the situation, for the seizure also prevents the lawful use of the projectors, as a means of expression protected by the First Amendment to the federal constitution. In this field a magistrate has a special obligation to limit his warrants in such a way as not to restrain legitimate expression. (See Marcus v. Search Warrants (1961) 367 U.S. 717, 81 S.Ct. 1708, 6 L.Ed.2d 1127.)
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