Brady v. City of Mobile

Court of Criminal Appeals of Alabama

Brady v. City of Mobile

299 So. 2d 779, 53 Ala. App. 739, 1974 Ala. Crim. App. LEXIS 1347

CourtCourt of Criminal Appeals of Alabama

DecidedMarch 19, 1974

Docket1 Div. 395

StatusPublished

Cited by1 cases

This text of 299 So. 2d 779 (Brady v. City of Mobile) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brady v. City of Mobile, 299 So. 2d 779, 53 Ala. App. 739, 1974 Ala. Crim. App. LEXIS 1347 (Ala. Ct. App. 1974).

Pincite

Opinion

CATES, Presiding Judge.

Ordinance breach for exhibiting an obscene film.

The film was seized as an incident to the arrests of the projectionist and manager of the cinema. No copy was made. No adversary proceeding for a judicial determination was available following seizure. A provision for a hearing before seizure in Ordinance 41-085 had been repealed.

We remand to the trial court to ascertain the applicability of Heller v. New York (1973) 413 U.S. 483, 93 S.Ct. 2789, 37 L.Ed.2d 745, and cases therein cited.

Remanded with directions.

All the Judges concur.

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