Section 9.21 Specialized Warrants

• Library: Criminal Practice 2012 Supp

H. (§9.21) Specialized Warrants

Section 542.281, RSMo 2000, sets out special requirements for the issuance of search warrants for obscene materials. The statute should be consulted if such a warrant is sought. In State v. El Dorado Management Corp., Inc., 801 S.W.2d 401 (Mo. App. E.D. 1990), the court upheld a search warrant issued under the statute. Noting that an application for a warrant to seize allegedly obscene material is to be governed by the same probable cause standard as used to review warrant applications generally, N.Y. v. P.J. Video, Inc., 475 U.S. 868, 875 (1986), the court upheld the judge’s finding based on statements by the officer who had viewed ten films and attached covers from the videos, which were “quite...