There was also another issue with the Constitutionality of the case, which was not addressed in the majority decision. The films were seized in violation of the Fourth Amendment as applied to the states by the Fourteenth. The Fourth Amendment prohibits the issuance of general warrants to search a person's home. A warrant can only be issued by a judge when there is probable cause. The particular items to be found must be enumerated on the warrant. The search warrant issued was for the seizure of materials in Stanley's home relating to bookmaking. There was no mention of obscene films on the warrant, and so the seizure of the films as evidence was unconstitutional.