California, United States of America
The following excerpt is from People v. Campise, 242 Cal.App.2d Supp. 905, 51 Cal.Rptr. 815 (Cal. Super. 1966):
'Whatever the limitations on the seizure of evidence incident to a lawful arrest may be in other contexts (citation), neither an arrest nor a search warrant can vest an officer with discretion to interfere with the distribution of constitutionally protected publications to the extent that occurred here. (Marcus v. Search Warrants of Property, etc. (Mo.), 367 U.S. 717, 81 S.Ct. 1708, 1716--1717, 6 L.Ed.2d 1127. Even if a seizure of representative samples of petitioner's nonobscene publications dealing with sex would have been reasonable to provide evidence of the general character of his business, it was wholly unnecessary to seize 75 to 90 per cent of the contents of the store * * *.'
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