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UNITED STATES v. POLAK

April 30, 1970

UNITED STATES of America
v.
Clark P. POLAK d/b/a Trojan Book Service d/b/a Beaver Book Service


Masterson, District Judge.


The opinion of the court was delivered by: MASTERSON

On February 19, 1970, the Federal Grand Jury returned an indictment against Clark P. Polak, d/b/a Trojan Book Service and d/b/a Beaver Book Service, and charged the defendant with twenty-one violations of 18 U.S.C. § 1461 by knowingly using the mails to distribute "obscene, lewd, lascivious, indecent, filthy and vile matter, to wit: Commercial Advertising." A bench warrant for Polak's arrest was issued on February 19, 1970. On that same day, Kurt Similes, a United States Postal Inspector, by sworn affidavit and in person sought and was granted a search and seizure warrant in an ex parte proceeding before a Federal District Court Judge. *fn1" The warrant authorized the search of the premises of Suite 300 at 1230 Arch Street, Philadelphia, Pennsylvania, and the seizure of the following property:

 
"(1) commercial advertisements described in Exhibits A through FFF, as attached hereto and incorporated by reference herein, or other commercial advertisements with similar visual and verbal depictions;
 
(2) envelopes for commercial advertising;
 
(3) postage meters;
 
(4) addressograph plates;
 
(5) addressograph machine;
 
(6) mailing lists;
 
(7) material used in and for the art layout, design, photography, production and printing of commercial advertising;
 
(8) business records relating to the purchase, rental or exchange of mailing lists;
 
(9) business records relating to the purchase, production or printing of commercial advertising described in Exhibits A through FFF or other commercial advertisements with similar visual or verbal depictions, which are instrumentalities being used in the perpetration of a crime or crimes against the United States to wit; violations of 18 U.S. Code, § 1461."

 The search, which involved at least eight postal inspectors, began at 2:30 P.M. on February 19, 1970, and lasted until about 8:00 that evening. The following items were seized incident to the execution of the warrant:

 
1. 8 file cabinets containing addressograph plates *fn2"
 
2. 1 model 3M photo-copier
 
3. 1 light table
 
4. 6 cartons of artist-layout material (consisting of cut-out photos; paint; brushes; pens; etc. used in the preparation of litho plates for the ...

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