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S & S PAWN SHOP INC. v. CITY OF DEL CITY

No. 90-6101.

947 F.2d 432 (1991)

S & S PAWN SHOP INCORPORATED; Andrew W. Eckert, doing business as S & S Pawn Shop Incorporated, Plaintiff-Appellant, v. CITY OF DEL CITY; Ennis St. Clair, as Police Chief of Del City; Tom Rogers, as Police Chief of Del City; J. Baranski, as Police Officer for Del City; M.L. Robinson, as Police Officer for Del City; and J. Hughes, as Police Officer for Del City, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 9, 1991.

Attorney(s) appearing for the Case

Laurence K. Donahoe (J. Greg Davis, with him on the brief), of Davis & Associates, Oklahoma City, Okl., for plaintiff-appellant.

Ted N. Pool (Sherry Blankenship, with him on the brief), of Pool, Thompson, Coldiron, Blankenship & Vincent, Oklahoma City, Okl., for defendants-appellees.

Before McKAY, Chief Judge, HOLLOWAY, Circuit Judge, and WINDER, District Judge.

McKAY, Chief Judge.

Appellant seeks reversal of the district court's determination that Okla.Stat.Ann. tit. 59, § 1508 (West 1989), which authorizes warrantless inspections of pawnshops, does not violate the fourth amendment of the United States Constitution. He also urges that the district court incorrectly abstained from deciding the constitutionality of Okla.Stat.Ann. tit. 21, § 1092 (West 1983).

I.

Appellant Andrew W. Eckert is the...

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