Lee Art Theatre, Inc. v. Virginia

Admission in evidence of allegedly obscene motion picture films seized under the authority of a warrant issued by a justice of the peace on a police officer's affidavit giving the films' titles, and stating that he had determined from personal observation of the films and of the theatre's billboard that they were obscene, was erroneous, as the issuance of the warrant without the justice of the peace's inquiry into the factual basis for the officer's conclusions fell short of constitutional requirements demanding necessary sensitivity to freedom of expression.

Certiorari granted; judgment reversed and remanded.

Plato Cacheris for petitioner.

James B. Wilkinson for respondent.

PER CURIAM.