Sec. 4. (a) Within ten (10) days after: (1) matter is obtained by seizure or by purchase under this article; or (2) the defendant is arrested under this article; whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purpose described in subsection (b). (b) At the adversary hearing, the court shall make a preliminary determination of whether the matter is: (1) probably obscene; or (2) probably harmful to minors.
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