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This chapter shall be known and may be cited as the "Texas Pawnshop Act. The purposes of this chapter are to:. Acts86th Leg. September 1,


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The magistrate judge made the following determinations: "the officers were lawfully in the pawnshop and by statute had a lawful right of access to the ring. The ring was subsequently used as evidence in the criminal proceedings against Shelly Dean. United States Dept. By establishing the Oklahoma Pawnbroker Act, Okla.

Williams, F. Thus, the threshold issue is whether the officer's seizure of the ring violated the Fourth Amendment rights of the appellant. Moreover, the court determined the reporting requirements of Sec. Turning to the case at bar, Sharp's argues the Oklahoma statute does not provide a constitutionally adequate substitute for a warrant, and fails to channel the discretion of the officers.

The magistrate judge found that on March 2,Deputy Sheriff Landsdown "went to the pawnshop for the express purpose of seizing the stolen ring. Appellees suggest a two-stage analysis to justify the seizure of the ring. Jarvis Products Corp.

The provisions in 5 U. Information disclosed which does not originate from federal agency records enjoys no protection under Sec. See Thomas v. On November 20, Mr. Ward reported the incident to Deputy Sheriff Dale Penny, who subsequently commenced an investigation. See Wolfenbarger v.

First, appellant challenges the constitutionality of the aforementioned Oklahoma statutes. A seizure of property "occurs when 'there is some meaningful interference with an individual's possessory interests in that property.

First, the officers were lawfully on the premises in accordance with Sec. Second, once the officers were lawfully on the premises they were entitled to seize any evidence of criminal activity in plain view. Both of these contentions lack merit. The magistrate judge filed a report and recommendation which was adopted in full by the district court.

Cook County, U. Burch, U. Appellant brings this Sec. Appellant argues the officers' sole intention upon entering the pawnshop was to seize the ring, and therefore the warrantless seizure was a Fourth Amendment violation. Jacobsen, U. Fourth Amendment safeguards apply to commercial premises as well as homes.

Winters filed a complaint asserting the warrantless seizure and the disposition of the ring violated her Fourteenth, Fourth, and Fifth Amendment rights. Appellant contends the amount of criminal activity occurring at pawnshops is indistinguishable from that occurring at banks.

Camara v. Burger, U. The court concluded the statute on its face adequately protects Fourth Amendment rights and is not overbroad or vague. A liberal reading of appellant's brief reveals that she challenges three issues on appeal. We review the district court's granting of summary judgment de novo.

Without conducting a hearing, the Sheriff's Department returned the ring to George Ward. Appellant contends the procedures mandated by Okla. Municipal Court, U. Sharp's had a constitutionally protected property interest in the ring.

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See Marshall v. Second, appellant contends the warrantless seizure of the ring violated Sharp's Fourth Amendment rights.

Title 5 U. Similarly, pawnbrokers fall outside of the confidentiality protections of the Right to Financial Privacy Act, 12 U. Although Sec. Section provides: " 'financial institution' means any office of a bank, savings bank, card issuer as defined in section n of Title 15, industrial loan company, trust company, savings association, building and loan, or homestead association including cooperative bankscredit union, or consumer finance institution. Catrett, U. Upon review, we do not find all appellees are entitled to judgment as a matter of law on the second and third grounds for appeal.

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Celotex Corp. Therefore, it is certainly rational for Oklahoma to impose greater disclosure requirements on pawnshops than on banks.

Federal Home Loan Bank Bd. We ly held the regulation of pawnshops is a substantial government interest as they provide a market for stolen property. As a result, we continue to uphold the facial constitutionality of the Oklahoma Pawnbroker Act. The Fourth Amendment made applicable to the States by the Fourteenth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. Appellant, Annabelle Winters, appeals the district court's entry of summary judgment on her 42 U.

Winters, who does business as Sharp's Pawn Shop Sharp'sbrought this action to recover for violations of her constitutional rights arising out of the warrantless seizure of a ring from Sharp's premises and its subsequent disposition.

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The report concluded Ms. Winters suffered no abrogation of her constitutional rights, upheld the Oklahoma statutes as constitutional, and recommended the entry of summary judgment on behalf of the defendants. Summary judgment is appropriate only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Appellant refused to accept the restitution check.

Appellees counter that once the officers were lawfully on the premises of the pawnshop under the statute, the seizure of the ring was justifiable under the plain view doctrine. Appellant asserts the reporting requirements imposed on pawnbrokers as compared to the confidentiality protections banks enjoy violate the Due Process and Equal Protection clauses as there is no rational basis for disparate treatment.


Deputy Sheriff Penny filed a report and a probable cause affidavit for the arrest of Shelly Dean. The appellant in the present case also challenges the validity of the statute on different grounds. Oklahoma law requires pawnshops to make available to law enforcement detailed records for every buy or pawn transaction. Moreover, she challenged the constitutionality of three Oklahoma statutes relating to pawnbrokers Okla. Barlow's, Inc. Seattle, U. Further, an individual and his private property are fully protected by the Fourth Amendment even when the individual is not suspected of criminal activity.

Soldal v. Third, appellant argues the ultimate disposition of the ring violated Sharp's rights guaranteed by the Due Process Clause.

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However, there was no reason that the officers could not have obtained a warrant to take the ring. Appellees rely on Horton v. Economic regulations governing financial institutions violate the Equal Protection clause only if no rational basis supports the regulation. Eaton v.

This court ly upheld the constitutionality of the Oklahoma Pawnbroker Act. In upholding Sec. For a warrantless inspection in a closely regulated industry to be reasonable it must satisfy three criteria enunciated in New York v. We review such legal determinations de novo. First, the appellant contends the Oklahoma Pawnbroker Act violates the privacy provisions of 5 U. Second, appellant argues the statute violates the Due Process and Equal Protection clauses of the Fourteenth Amendment.

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