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Roaden Vs. Kentucky

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  • US Supreme Court
  • Jun 25, 1973

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44 entries 1 linked 43 unlinked
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  1. Perez Vs. Ledesma US Supreme Court · Feb 23, 1971
  2. U.S. 496 (1973) U.S. Supreme Court Roaden v. Kentucky
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  3. U.S. 496 (1973) Roaden v. Kentucky
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  4. expression, whether by books or films, calls for a higher hurdle in the evaluation of reasonableness. Lee Art Theatre v. Virginia
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  5. Marcus v. Search
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  6. film was properly seized incident to a lawful arrest, distinguishing the holdings of this Court in A Quantity of Books v. Kansas
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  7. U. S. 205 (1964), and Marcus v. Search
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  8. S.W.2d at 815. It also distinguished Lee Art Theatre v. Virginia
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  9. at 816. The Court of Appeals relied on a decision of a federal three-judge Page 413 U. S. 501 court in Hosey v. City
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  10. The Court of Appeals specifically declined to follow a decision by another federal three-judge court in Ledesma v. Perez
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  11. in one setting may be unreasonable in a different setting or with respect to another kind of material. Cf. Coolidge v. New
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  12. when a court appraises the reasonableness of the seizure under Fourth or Fourteenth Amendment standards. Marcus v. Search
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  13. Id. at 367 U. S. 732 . The sense of this holding was reaffirmed in A Quantity of Books v. Kansas
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  14. Id. at 378 U. S. 211 -212. Lee Art Theatre v. Virginia
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  15. Theatre is to be found in the nature of the materials seized and the setting in which they were taken. See Stanford v. Texas
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  16. As we stated in Stanford v. Texas
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  17. exactitude when the 'things' are books, and the basis for their seizure is the ideas which they contain. See Marcus v. Search
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  18. A Quantity of Books v. Kansas
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  19. arrest might justify the seizure of weapons, or other evidence or instruments of crime, without a warrant. Cf. Chimel v. California
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  20. Preston v. United
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  21. See Chambers v. Maroney
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  22. U. S. 42 , 399 U. S. 47 -51 (1970). Cf. Carroll v. United
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  23. See Heller v. New
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  24. We vacated the judgment in Hosey v. City
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  25. we did not reach the merits. Hosey v. City
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  26. of Jackson, 401 U.S. 987 (1971). We also vacated the judgment in Ledesma v. Perez
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  27. again on the grounds of noninterference with state criminal proceedings prior to adjudications by state courts. Perez v. Ledesma
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  28. In Stanford v. Texas
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  29. does not mean an adversary proceeding is needed before seizure, since a warrant may be issued ex parte. Heller v. New
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  30. Counsel for Kentucky, together with counsel for New York in Heller v. New
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  31. view, unconstitutionally overbroad, and therefore invalid on its face. See my dissent in Paris Adult Theatre I v. Slaton
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  32. U.S. Supreme Court Roaden v. Kentucky
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  33. Lee Art Theatre v. Virginia
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  34. and Marcus v. Search
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  35. Hosey v. City
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  36. Ledesma v. Perez
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  37. Cf. Coolidge v. New
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  38. See Stanford v. Texas
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  39. Stanford v. Texas
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  40. See Marcus v. Search
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  41. Cf. Chimel v. California
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  42. Cf. Carroll v. United
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  43. Heller v. New
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  44. Paris Adult Theatre I v. Slaton
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