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G & G JEWELRY, INC. v. CITY OF OAKLAND

No. 90-15771.

989 F.2d 1093 (1993)

G & G JEWELRY, INC., dba United Jewelry Mart; Robert P. Goldstone, Plaintiffs-Appellants, v. CITY OF OAKLAND, Henry L. Gardner, City Manager; George T. Hart, Chief of Police; Thomas O. Donahue, Deputy Chief of Police; Jay Crawford, Sergeant; Craig D. Stewart, Sergeant; Jonathan Madarang, Officer; Jane W. Williams, City Attorney; Wendy P. Rouder, Assistant City Attorney, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Henry O. Noffsinger, Pleasant Hill, CA, for plaintiffs-appellants.

Diane J. Simon, Asst. to the City Atty., City of Oakland, Catherine M. Steane, Oakland, CA, for defendants-appellees.

Before: HUG, SCHROEDER and WIGGINS, Circuit Judges.

HUG, Circuit Judge:

This case concerns the warrantless seizure from a pawnshop of property that had been reported stolen. The owner of the pawnshop contends that the police did not faithfully follow the provisions of a California statute designed to deal with this situation. Further, he contends that this warrantless seizure violated the Fourth and Fifth Amendments as incorporated into the Fourteenth Amendment of the United States Constitution. The district court...

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