In Roaden v. Kentucky, the U.S. Supreme Court ruled that a warrantless seizure of a film reel by police officers from a theater manager after an impromptu viewing violated the Fourth Amendment's protection against unreasonable searches and seizures. The case began when law enforcement in Kentucky arrested Robert Roaden, who was managing a drive-in movie theater showing allegedly obscene films. Without obtaining any warrants or judicial approval, they seized one of the film reels as evidence for prosecution under state obscenity laws. In its decision, the court held that such actions constituted "a form of prior restraint" on free speech rights protected by First Amendment and were therefore unconstitutional unless justified by exigent circumstances which did not exist in this case.

In the dissenting opinion for Roaden v. Kentucky, Justice Rehnquist argued that the majority's decision was an overextension of Fourth Amendment protections and a misinterpretation of previous case law. He contended that there was no need to apply strict scrutiny in this case as it involved obscenity, which is not protected by the First Amendment. Furthermore, he disagreed with the majority's view that police officers needed a warrant before seizing allegedly obscene material during an arrest at a public theater showing such materials. According to him, this requirement would place unreasonable burdens on law enforcement officials who are trying to enforce state laws against obscenity in public places like theaters where time is often of essence due to ongoing performances or shows.