23A-36 SEIZURE AND DISPOSITION OF OBSCENE MATERIAL
SEIZURE AND DISPOSITION OF OBSCENE MATERIAL
Determination by magistrate whether probable cause exists for search warrant--Notice of
hearing to person in possession.
Hearing on search warrant for obscene material--Evidence received.
Magistrate's orders to prevent removal of material pending hearing.
Hearing on obscenity or nonobscenity of material--Determination of probable cause for
Issuance of search warrant on finding of probable cause.
Notice alleging nonobscenity of material seized--Time of hearing.
Hearing on obscenity of material seized--Return to owner if not obscene.
Expert testimony not required in obscenity hearing--Evidence of community standards.
Verdict on obscenity of material seized.
Order for destruction of obscene material seized.