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eBook details

• Title: In re Petition of Metro Siding, Inc.
• Author : Minnesota Court of Appeals
• Release Date : January 03, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This is an appeal by Clarence E. Mays from a judgment overruling his motion to quash a search warrant, to suppress as evidence the property seized thereunder, and to have returned to him as owner the property ordered held and to be destroyed later under said judgment. The search warrant was issued under statutory provisions relating to the seizure of obscene books, pictures and other articles. §§ 542.380 - 542.430 (more particularly §§ 542.380 and 542.390) and Supreme Court Rule 33. (Statutory references are to RSMo 1959 and V.A.M.S.) Claimants said motion presented Federal and State constitutional issues, which he renewed in his motion for new trial and in his brief filed here. For instance, he contends that the application for and the search warrant based thereon violated the search and seizure provisions of the Missouri Constitution (Art. I, § 15 and see Sup. Ct. R. 33.01(b)) in that the books, pictures and other articles to be searched for and seized were not described with sufficient detail and particularity to enable the person executing said warrant to ascertain and identify the same, and (2) said warrant was issued without a sufficient showing of probable cause. Search Warrant of Property v. Marcus, Mo., 334 S.W.2d 119[1,7]. See State v. Burton, Mo., 349 S.W.2d 228[1].

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