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LONG v. VAN DE KAMP

No. CV 89-6488 SVW.

772 F.Supp. 1141 (1991)

Phillip LONG and David Wood, Plaintiffs, v. John VAN DE KAMP, Attorney General of the State of California, Defendant.

United States District Court, C.D. California.

August 22, 1991.

Attorney(s) appearing for the Case

Phillip M. Long, in pro. per.

David I. Wood, in pro. per.

Robert D. Breton, Deputy Atty. Gen., Los Angeles, Cal., for John Van de Kamp.

DeWitt W. Clinton, County Counsel, S. Robert Ambrose, Asst. County Counsel, Rafael A. Ongkeko, Principal Deputy County Counsel, Los Angeles, Cal., for County of Los Angeles.

AMENDED ORDER GRANTING SUMMARY JUDGMENT AND ENJOINING THE ATTORNEY GENERAL FROM ENFORCING AN UNCONSTITUTIONAL STATUTE

WILSON, District Judge.

Introduction

The question before the Court is whether section 2805(a) of the California Vehicle Code authorizing warrantless searches without probable cause of automobile repair shops for the purpose of locating stolen vehicles violates the Fourth Amendment to the United States Constitution.

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