This section contains the nature of the case and procedural background.

A police investigator entered an adult bookstore and bought two films. After viewing them, he concluded that they violated New York's obscenity laws. He then took them to a town justice, who felt that there was probable cause to conclude that the films were obscene. The police officer applied for and received a search warrant for copies of the two films and other similar material in the bookstore. The warrant said that the search would be for all items that violated the state obscenity law, but listed none specifically. After the justice went to the bookstore as part of the search team and made cursory judgments as to what was obscene, he ordered that material to be seized. After the items were taken to the police station, they were inventoried. The complete list of all items was then added in accompanying pages to the search warrant, which had already been signed by the judge.

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