Lee Art Theatre v. Virginia
88 S. Ct. 2103, 392 U.S. 636, 20 L. Ed. 2d 1313, SCT.41892(1968)
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[ 392 U.S. Page 636] The petition for a writ of certiorari is granted. Petitioner, operator of a motion picture theatre in
Richmond, Virginia, was convicted in the Hustings Court of Richmond of possessing and exhibiting lewd and obscene motion pictures
in violation of Title 18.1-228 of the Code of Virginia. The Supreme Court of Appeals of Virginia refused a writ of error. The films in question were admitted in evidence over objection that they had been unconstitutionally seized. The seizure
was under the authority of a warrant issued by a justice of the peace on the basis of an affidavit of a police officer which
stated only the titles of the motion pictures and that the officer had determined from personal observation of them and of
the billboard in front of the theatre that the films were obscene.