Opinion
1 Div. 395.
March 19, 1974. Rehearing Denied May 7, 1974.
Appeal from Circuit Court, Mobile County; Joseph M. Hocklander, Judge.
Certiorari to Court of Criminal Appeals quashed, 292 Ala. ___, 299 So.2d 779.
Braxton L. Kittrell, Jr., Mobile, for appellants.
Chandler Kite Stanard, Mobile, for the City of Mobile.
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 A provision for a hearing before seizure in Ordinance 41-085 had been repealed.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.