Adversary proceedings available before seizure of any book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material.
Indianapolis-Marion County Revised Code § 421-206
in effectSec. 421-206. - Adversary proceedings available before seizure of any book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material.
An adversary proceeding for judicial determination of obscenity shall be conducted by the trial court before seizure of any book, magazine, pamphlet, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material, at the request of an interested party.
(1) The adversary proceeding shall occur within ten (10) days after request.
(2) All parties may subpoena witnesses and present evidence.
(3) If the trial court finds the book, magazine, pamphlet, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material to be obscene, the cause shall proceed on the court docket to trial, and the trial court shall issue a warrant for the seizure of such material found to be obscene and any copy thereof. All of such material seized shall be preserved by the city as evidence and disposed of in accordance with the provisions of this article.
(4) If the trial court finds such material not to be obscene at the adversary proceeding, all charges pending against any party for violation of this article shall be dismissed.
(Code 1975, § 20-147)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH421PUDEOB_ARTIIOB_S421-206ADPRAVBESEANBOMAPAPAWRCAADCIPRPIPHINSTDROTSIMAFetched: 10/27/2026