There shall be no seizure of obscene material prior to an adversary proceeding on the issue of whether the material is in fact obscene, provided that the material may be seized for the bona fide purpose of preserving evidence, if seized pursuant to a warrant issued after a determination of probable cause that the material is obscene, and that following the seizure a prompt judicial determination of the obscenity issue in an adversary proceeding is available at the request of any interested party. A trial on the merits of any alleged violation of § 11-6-5 shall constitute a prompt judicial hearing as required herein. However, on a showing to the trial court that other copies of the specific material are not available for exhibition, the court should permit the seized evidence to be copied where feasible so that exhibition can be continued pending judicial resolution of the obscenity issue in an adversary proceeding. Nothing herein shall be deemed to authorize the seizure of large quantities of allegedly obscene material prior to an adversary hearing unless otherwise authorized by law or a court order.
('74 Code, § 12-9-9) (Ord. 65-1988)