Louise E. Lewis and Velma "Slim" Ivory v. Charles L. McMasters Jim Meder, and Paul Kalpakoff

Appellant Ivory was the manager of an automobile dismantling yard owned and operated by appellant Lewis. In 1976, law enforcement officers conducted a warrant-less inspection of Lewis’ property pursuant to Cal.Veh.Code § 2805 (Deering). During the course of this inspection, the officers seized a steel drum filled with old metal parts. The drum was taken to the County Industrial Farm, where it was opened and searched. This search produced partially burned title documents and a vehicle identification number belonging to a stolen automobile. Criminal charges against the appellants ensued. Ultimately, the appellants were acquitted because the seized evidence had been planted to incriminate them by persons unknown.

Following this acquittal, appellants filed a suit under 42 U.S.C. § 1983 against the law enforcement officers for damages arising from the allegedly illegal search and seizure. The district court dismissed the suit on the ground that section 2805 of the Vehicle Code constitutionally authorized the warrantless search and seizure. We reverse.

Section 2805 does not give law enforcement officers authority to conduct general searches of business premises. “California courts…