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Fort Wayne Books, Inc. v. Indiana

489 U.S. 46 (1989)

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Fort Wayne Books, Inc. v. Indiana

United States Supreme Court
489 U.S. 46 (1989)

JL

Facts

The State of Indiana (plaintiff) sued the owners of three adult bookstores (defendants), alleging violations of Indiana’s Racketeer Influenced and Corrupt Organizations (RICO) Act. Under the law, a violation consists of a pattern of racketeering activity shown by at least two other specific offenses. Indiana alleged that the bookstore owners had 39 previous convictions for obscenity, which was the basis for the RICO claim. The RICO statute, combined with the Civil Remedies for Racketeering Activity Act (CRRA), permits pretrial seizure of certain materials upon a showing of probable cause. Indiana requested an order for a pretrial seizure of the property inside the owners’ bookstores. The trial court granted the request, and the property was seized.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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