hicks
miranda
argued
march
decided
june
police
pursuant
four
separate
warrants
seized
four
copies
allegedly
obscene
film
appellees
theater
misdemeanor
charges
filed
municipal
two
theater
employees
california
superior
ordered
appellees
show
cause
film
declared
obscene
subsequently
superior
declared
film
obscene
ordered
seized
copies
might
found
theater
rather
appealing
order
appellees
filed
suit
federal
district
appellant
police
officers
prosecuting
attorneys
seeking
injunction
enforcement
california
obscenity
statute
return
seized
copies
film
judgment
declaring
statute
unconstitutional
convened
consider
constitutionality
statute
meanwhile
appellees
added
parties
defendant
municipal
criminal
proceeding
thereafter
declared
obscenity
statute
unconstitutional
ordered
return
appellees
seized
copies
film
rejected
appellants
claim
younger
harris
samuels
mackell
required
dismissal
case
holding
criminal
charges
pending
appellees
state
event
pattern
search
warrants
seizures
film
showed
bad
faith
harassment
authorities
part
denied
appellants
motions
rehearing
relief
judgment
based
inter
alia
intervening
dismissal
want
substantial
federal
question
appeal
miller
california
miller
ii
california
superior
judgment
sustaining
constitutionality
california
obscenity
statute
reaffirmed
younger
harris
ruling
concluding
bound
dismissal
miller
ii
supra
adhered
judgment
obscenity
statute
unconstitutional
although
amended
injunction
require
appellants
seek
return
three
four
copies
film
municipal
possession
held
jurisdiction
appeal
injunction
well
declaratory
judgment
properly
pp
although
constitutional
issues
presented
miller
ii
declared
insubstantial
considered
substantial
decided
otherwise
district
miller
ii
require
dissolved
circumstances
since
appellees
challenged
enforcement
obscenity
statute
also
sought
enjoin
enforcement
search
warrant
statutes
necessarily
constitutional
grounds
insofar
might
applied
permit
multiple
seizures
film
since
miller
ii
nothing
issue
validity
multiple
seizures
issue
remained
case
remained
session
consider
pp
district
injunction
requiring
appellants
seek
return
three
copies
film
municipal
possession
plainly
interfered
pending
criminal
prosecution
enforcement
obscenity
statute
hence
injunction
reserved
pp
district
erred
reaching
merits
case
despite
appellants
insistence
dismissed
younger
harris
samuels
mackell
pp
state
criminal
proceedings
begun
federal
plaintiffs
federal
complaint
filed
proceedings
substance
merits
taken
place
federal
principles
younger
harris
apply
full
force
appellees
charged
state
criminal
proceedings
prior
appellants
answering
federal
case
prior
proceedings
hence
federal
complaint
dismissed
appellants
motion
absent
satisfactory
proof
extraordinary
circumstances
warranting
one
exceptions
rule
younger
harris
related
cases
pp
absent
least
effort
district
impeach
prosecuting
officials
entitlement
rely
repeated
judicial
authorization
seizures
film
official
bad
faith
harassment
made
district
erred
holding
otherwise
pp
white
delivered
opinion
burger
blackmun
powell
rehnquist
joined
burger
filed
concurring
opinion
post
stewart
filed
dissenting
opinion
douglas
brennan
marshall
joined
post
oretta
sears
pro
se
arlo
smith
assistant
attorney
general
california
argued
cause
appellants
briefs
evelle
younger
attorney
general
jack
winkler
chief
assistant
attorney
general
edward
assistant
attorney
general
alvin
knudson
deputy
attorney
general
cecil
hicks
pro
se
michael
capizzi
ronald
bevins
stanley
fleishman
sam
rosenwein
argued
cause
appellees
brief
david
brown
justice
white
delivered
opinion
case
poses
issues
younger
harris
samuels
mackell
related
cases
well
preliminary
question
jurisdiction
direct
appeal
judgment
district
november
pursuant
four
separate
warrants
issued
seriatim
police
seized
four
copies
film
deep
throat
shown
pussycat
theatre
buena
park
orange
county
cal
november
criminal
misdemeanor
charge
filed
orange
county
municipal
two
employees
theater
film
seized
subject
matter
two
counts
complaint
also
november
superior
orange
county
ordered
appellees
show
cause
deep
throat
declared
obscene
immediate
hearing
available
appellees
appeared
day
objected
grounds
jurisdiction
conduct
proceeding
purported
reserve
federal
questions
refused
participate
thereupon
november
superior
held
hearing
viewed
film
took
evidence
declared
movie
obscene
ordered
seized
copies
might
found
theater
judgment
order
appealed
appellees
instead
november
filed
suit
district
appellants
four
police
officers
buena
park
district
attorney
assistant
district
attorney
orange
country
complaint
recited
seizures
proceedings
superior
stated
action
injunction
enforcement
california
obscenity
statute
prayed
judgment
declaring
obscenity
statute
unconstitutional
injunction
ordering
return
copies
film
permitting
one
films
duplicated
return
temporary
restraining
order
requested
denied
district
judge
finding
proof
irreparable
injury
lacking
insufficient
likelihood
prevailing
merits
warrant
injunction
requested
convening
however
consider
constitutionality
statute
designated
january
service
complaint
completed
january
answers
motions
dismiss
well
motion
summary
judgment
filed
appellants
appellees
moved
preliminary
injunction
none
motions
granted
hearings
held
issues
ordered
submitted
briefs
affidavits
attorney
general
california
also
appeared
urged
district
follow
people
enskat
cal
app
cal
rptr
hearing
denied
miller
california
miller
upheld
california
obscenity
statute
meanwhile
january
criminal
complaint
pending
municipal
amended
naming
appellees
additional
parties
defendant
adding
four
conspiracy
counts
one
relating
seized
films
also
motions
defendants
case
two
films
ordered
suppressed
ground
two
search
warrants
seizing
deep
throat
last
issued
one
november
november
sufficiently
allege
films
seized
warrants
differed
films
previously
seized
final
two
seizures
said
invalid
multiple
seizures
immediately
order
later
appealed
reversed
defense
prosecution
stipulated
purposes
trial
expected
four
prints
film
considered
identical
one
copy
proved
trial
june
issued
judgment
opinion
declaring
california
obscenity
statute
unconstitutional
failure
satisfy
requirements
miller
ordering
appellants
return
appellees
copies
deep
throat
seized
well
refrain
making
additional
seizures
appellants
claim
younger
harris
samuels
mackell
required
dismissal
case
rejected
holding
criminal
charges
pending
state
appellees
event
pattern
search
warrants
seizures
demonstrated
bad
faith
harassment
part
authorities
relieved
strictures
younger
harris
supra
related
cases
appellants
filed
various
motions
rehearing
amend
judgment
relief
judgment
also
later
calling
attention
two
developments
considered
important
first
dismissal
july
want
substantial
federal
question
appeal
miller
california
miller
ii
judgment
superior
appellate
department
orange
county
california
sustaining
constitutionality
california
obscenity
statute
district
declared
unconstitutional
second
reversal
superior
appellate
department
suppression
order
issued
criminal
case
pending
municipal
per
curiam
reversal
citing
aday
superior
cal
saying
requisite
prompt
adversary
determination
obscenity
heller
new
york
held
september
denied
appellants
motions
reaffirmed
june
younger
harris
ruling
concluding
bound
dismissal
miller
ii
adhered
judgment
california
statute
invalid
federal
constitution
response
appellants
claim
without
power
comply
june
injunction
films
possession
municipal
amended
injunctive
portion
order
read
follows
defendants
shall
good
faith
petition
municipal
north
orange
county
judicial
district
return
plaintiffs
three
four
film
prints
seized
plaintiffs
november
city
buena
park
ii
deal
first
question
jurisdiction
direct
appeal
outset
case
concededly
matter
appellees
complaint
asserted
much
contend
otherwise
furthermore
june
district
declared
california
obscenity
statute
unconstitutional
ordered
return
copies
film
seized
appellees
claim
order
aborted
pending
criminal
prosecution
injunction
within
meaning
appealable
jurisdictional
issues
arise
events
occurred
subsequent
june
first
question
emerges
summary
dismissal
miller
ii
appellants
claimed
district
claim
miller
ii
binding
district
required
sustain
california
obscenity
statute
dismiss
case
appellants
correct
position
question
arises
whether
miller
ii
removed
necessity
rule
bailey
patterson
event
appellate
jurisdiction
also
evaporate
agree
appellants
district
error
holding
disregard
decision
miller
ii
case
appeal
decision
state
upholding
state
statute
federal
constitutional
attack
federal
constitutional
issue
properly
presented
within
appellate
jurisdiction
discretion
refuse
adjudication
case
merits
true
case
brought
certiorari
jurisdiction
obligated
grant
case
plenary
consideration
required
deal
merits
concluding
appeal
dismissed
constitutional
challenge
california
statute
substantial
one
free
disregard
pronouncement
justice
brennan
observed
otes
affirm
summarily
dismiss
want
substantial
federal
question
hardly
needs
comment
votes
merits
case
ohio
ex
rel
eaton
price
cf
stern
gressman
practice
ed
however
deciding
case
merits
dismisses
want
substantial
question
wright
law
federal
courts
ed
summary
disposition
appeal
however
either
affirmance
dismissal
want
substantial
federal
question
disposition
merits
district
followed
second
circuit
advice
first
port
authority
protective
committee
port
new
york
authority
unless
instruct
otherwise
inferior
federal
courts
best
adhere
view
branded
question
unsubstantial
remains
except
doctrinal
developments
indicate
otherwise
later
doe
hodgson
cert
denied
sub
nom
doe
brennan
lower
courts
bound
summary
decisions
time
informs
although
constitutional
issues
presented
miller
ii
declared
insubstantial
considered
substantial
decided
otherwise
district
conclude
miller
ii
required
dissolved
circumstances
case
appellees
plaintiffs
district
challenged
enforcement
obscenity
statute
also
sought
enjoin
enforcement
california
search
warrant
statutes
penal
code
ed
supp
insofar
might
applied
contrary
heller
new
york
permit
multiple
seizures
occurred
case
application
preliminary
injunction
made
aim
suit
quite
express
june
decision
declared
obscenity
statute
unconstitutional
ordered
four
copies
film
returned
constitutional
conclusion
reaffirmed
september
despite
miller
ii
injunction
extent
modified
miller
ii
however
nothing
validity
multiple
seizures
issue
wholly
independent
validity
obscenity
statutes
issue
validity
light
heller
challenged
application
search
warrant
statutes
remained
case
miller
ii
dismissal
indeed
although
district
based
injunctive
order
unconstitutionality
obscenity
statutes
injunction
also
interfered
enforcement
california
search
warrant
statutes
necessarily
constitutional
grounds
question
case
remained
session
also
dealt
younger
issue
reaching
merits
constitutional
issues
presented
issue
however
show
part
iii
correctly
decided
appellees
contend
gonzalez
automatic
employees
credit
union
mtm
baxley
injunctions
issued
properly
convened
courts
directly
appealable
courts
alone
may
issue
injunction
finally
issued
september
one
reserved
even
appellees
premise
correct
see
philbrook
glodgett
agree
conclusion
injunction
entered
appealable
state
statute
declared
unconstitutional
also
injunctive
order
amended
september
required
appellants
seek
return
three
prints
deep
throat
subject
nine
counts
amended
criminal
complaint
still
pending
municipal
return
copies
prohibit
use
evidence
furthermore
prevent
retention
probable
destruction
contraband
state
prevail
criminal
case
plainly
order
interfered
pending
criminal
prosecution
enforcement
state
obscenity
statute
circumstances
injunctive
order
issued
federal
state
authorities
necessarily
rested
federal
constitutional
grounds
aside
opinion
california
statute
unconstitutional
district
articulated
basis
assuming
authority
order
return
films
effect
negate
three
four
seizures
state
search
warrants
appellate
department
superior
upheld
also
proceedings
superior
declared
film
obscene
seizable
district
june
opinion
think
made
constitutional
thesis
express
gravamen
defendants
justification
course
property
contraband
evidence
fruit
illegal
activity
justification
however
dissipates
face
declaration
statute
invalid
iii
district
committed
error
reaching
merits
case
despite
appellants
insistence
dismissed
younger
harris
samuels
mackell
filed
federal
complaint
state
criminal
proceedings
pending
appellees
name
two
employees
theater
charged
four
copies
deep
throat
belonging
appellees
seized
held
declared
obscene
seizable
superior
appellees
substantial
stake
state
proceedings
much
sought
federal
relief
demanding
state
statute
declared
void
films
returned
obviously
interests
employees
intertwined
pointed
federal
action
sought
interfere
pending
state
prosecution
absent
clear
showing
appellees
whose
lawyers
also
represented
employees
seek
return
property
state
proceedings
see
federal
claims
presented
requirements
younger
harris
avoided
ground
criminal
prosecution
pending
appellees
date
federal
complaint
filed
rule
younger
harris
designed
permit
state
courts
try
state
cases
free
interference
federal
courts
particularly
party
federal
case
may
fully
litigate
claim
state
plainly
comity
considerations
apply
allee
medrano
burger
concurring
interference
sought
appellees
parties
state
case
day
following
completion
service
complaint
appellees
charged
along
employees
municipal
neither
steffel
thompson
case
held
younger
harris
apply
state
criminal
proceedings
must
pending
day
federal
case
filed
indeed
issue
left
open
hold
state
criminal
proceedings
begun
federal
plaintiffs
federal
complaint
filed
proceedings
substance
merits
taken
place
federal
principles
younger
harris
apply
full
force
appellees
charged
january
prior
answering
federal
case
prior
proceedings
whatsoever
unless
trivialize
principles
younger
harris
federal
complaint
dismissed
appellants
motion
absent
satisfactory
proof
extraordinary
circumstances
calling
play
one
limited
exceptions
rule
younger
harris
related
cases
district
concluded
extraordinary
circumstances
shown
form
official
harassment
bad
faith
also
error
relevant
findings
district
vague
conclusory
references
pattern
seizure
evidence
brought
light
petition
rehearing
unexplicated
conclusion
drawn
regardless
nature
judicial
proceeding
police
bent
banishing
deep
throat
buena
park
yet
step
pattern
seizures
condemned
district
authorized
judicial
warrant
order
district
purport
invalidate
four
warrants
way
question
propriety
proceedings
superior
even
mention
reversal
suppression
order
appellate
department
absent
least
effort
district
impeach
entitlement
prosecuting
officials
rely
repeated
judicial
authorization
conduct
agree
bad
faith
harassment
made
indeed
conclusion
necessarily
follow
even
shown
state
courts
error
one
issues
state
federal
law
last
analysis
seems
us
district
judgment
rests
almost
entirely
conclusion
california
obscenity
statute
unconstitutional
unenforceable
even
assuming
district
correct
conclusion
statute
condemned
november
district
entitled
infer
official
bad
faith
merely
district
disagreed
people
enskat
otherwise
bad
faith
harassment
present
every
case
state
statute
ruled
unconstitutional
rule
younger
harris
swallowed
exception
district
dismissed
complaint
accordingly
reverse
judgment
ordered
footnotes
response
claims
bad
faith
later
made
four
police
officer
appellants
asserted
october
successive
seizures
deep
throat
made
warrant
riverside
county
cal
theater
involved
seizures
sought
federal
relief
denied
seizures
upheld
despite
challenge
heller
new
york
decision
asserted
buena
park
authorities
sought
warrants
seizure
deep
throat
showing
city
order
ran
vincent
miranda
dba
pussycat
theater
walnut
properties
theater
employees
actually
miranda
owned
land
theater
located
business
walnut
properties
pussycat
theater
hollywood
california
corporation
miranda
president
stockholder
nothing
made
parties
confusion
identification
apparent
basis
pursuing
appellate
remedies
illuminated
course
following
colloquy
case
judge
ferguson
appellees
counsel
occurred
appellees
sought
relief
described
infra
subsequent
actions
superior
appellate
department
taken
order
california
appeals
mr
brown
brown
honor
initially
back
november
first
occurred
day
hearing
filed
complaint
action
one
bases
relief
alleged
complaint
deprivation
plaintiff
constitutional
rights
virtue
proceedings
alleged
beginning
proceedings
violative
california
law
clearly
violative
constitutional
rights
asked
give
us
relief
specific
proceeding
inception
action
matter
fact
invoked
jurisdiction
properly
sought
relief
press
matter
california
state
courts
well
go
halfway
go
way
brown
honor
first
hearing
november
filed
documents
superior
stating
reserving
questions
federal
constitutional
law
pursuant
england
case
knew
may
mind
trap
set
litigant
circumstances
intent
beginning
allege
federal
jurisdiction
seek
relief
civil
rights
act
events
first
time
appeared
orange
county
superior
indicated
case
yes
told
august
appeared
superior
orange
county
made
kind
motion
brown
honor
let
set
aside
judge
mcmillan
order
reference
seizures
two
films
denied
request
question
simple
one
go
halfway
required
go
way
brown
purpose
beginning
litigate
claims
state
well
think
fit
proper
california
courts
permitted
eradicate
deficiencies
may
occur
lower
courts
right
take
california
question
brown
honor
done
also
right
invoke
federal
jurisdiction
understand
right
question
jurisdiction
question
given
california
appellate
courts
right
forum
correct
deficiencies
california
lower
courts
say
exist
brown
honor
situation
litigant
choice
unsettled
question
right
answer
want
answer
brown
correct
right
brown
want
consider
question
state
law
unsettled
question
right
judge
lydick
district
judge
case
assigned
following
initial
disqualification
judge
ferguson
made
ruling
conclusion
appellees
failed
totally
make
showing
irreparable
damage
lack
adequate
legal
remedy
likelihood
prevailing
merits
needed
justify
issuance
temporary
restraining
order
require
defendants
disobey
orders
state
courts
restrain
lawful
enforcement
state
statute
judge
ferguson
judge
lydick
designated
serve
panel
state
california
insists
providing
district
judge
application
injunction
relief
presented
shall
constitute
one
member
judge
lydick
one
three
members
deem
requirement
jurisdictional
however
even
though
order
appointing
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