[Download] "Bionic Auto Parts and Sales Inc. v. Fahner" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Bionic Auto Parts and Sales Inc. v. Fahner
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 23, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

The Illinois State Attorney General, along with other public officials, appeals from an injunction entered in the District Court for the Northern District of Illinois, Milton I. Shadur, District Judge, prohibiting enforcement of § 5-401(e) of the Illinois Vehicle Code, Ill. Rev. Stat. ch. 95 1/2, § 5-401(e) (1981), and Paragraph 5 of Administrative Rule 5-401A, which authorize warrantless administrative searches of the business premises of automotive parts dealers, scrap processors and parts rebuilders. The district court reasoned that, because the searches authorized by the Illinois legislature left state officials with too much discretion, they could not be conducted without the safeguard of a warrant as required by the Fourth Amendment. The court also held that Paragraph 1G of Administrative Rule 5-401A violated the Fifth Amendment in requiring licensees to record their own violations of related criminal statutes. Following the district courts award of injunctive and declaratory relief, the state legislature added two new sections to the Vehicle Code relating to warrantless searches. Ill. Rev. Stat. ch. 95 1/2, §§ 5-100-1, 5-403.

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