The opinion of the court was delivered by: Shadur, District Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
By their Second Amended Complaint and accompanying emergency
motion, Bionic Auto Parts and Sales, Inc. ("Bionic") and its
several co-plaintiffs have moved for a preliminary injunction
enjoining the defendants from:
(1) enforcing various provisions of Ill.
Rev.Stat. ch. 95 1/2, the Illinois Vehicle Code
(the "Code"), and Rule 5-401A promulgated under
(2) entering plaintiffs' business premises
without warrant and making seizures of
plaintiffs' merchandise or business records; and
(3) entering plaintiffs' business premises
without warrant and labeling the plaintiffs'
This Court has conducted an evidentiary hearing in accordance
with Fed.R.Civ.P. 65(a) on plaintiffs' motion. In accordance
with Fed.R.Civ.P. 52(a) the Court makes the following findings
of fact and states the following conclusions of law:
1. This action is brought for declaratory and injunctive
relief under 42 U.S.C. § 1983 and the Fourth, Fifth and
Fourteenth Amendments to the Constitution. This Court has
jurisdiction of the action.
2. Plaintiffs are corporations and individuals engaged or
formerly engaged in the business of acquiring, wrecking,
recycling, rebuilding and selling automotive parts. Plaintiffs
are licensed by the State of Illinois for that purpose under
Code § 5-301.
3. Defendants are the Illinois Attorney General, the
Illinois Secretary of State (who is also its Motor Vehicle
Administrator), the Cook County State's Attorney and the
Chicago Superintendent of Police. Collectively defendants
comprise the persons responsible for enforcing the statute and
regulations at issue in this action.
4. Code § 5-401 prescribes certain records and information
that must be maintained by licensees such as plalintiffs. It
also empowers the Illinois Secretary of State to prescribe the
forms of records to be maintained by licensees. Approximately
August 8, 1978 then Secretary of State Alan Dixon promulgated
such a rule ("Rule 5-401A"), which was thereafter held valid by
the Illinois Supreme Court in Northern Illinois Automobile
Wreckers and Rebuilders Ass'n v. Dixon, 75 Ill.2d 53, 25
Ill.Dec. 664, 387 N.E.2d 320 (1979). All the plaintiffs other
than Bionic were members of the plaintiff trade association in
5. At the time of the Northern Illinois Automobile Wreckers
decision Code § 5-401 provided in part:
Every record required to be maintained under this
Section shall be opened to inspection by the
Secretary of State or his authorized
representative or any peace officer for
inspection at any reasonable time during the
night or day.
After the Illinois Supreme Court decision the same provision
(now Code § 5-401(e)) was amended to add the following
Such inspection may include examination of the
premises of the licensee's established place of
business for the purpose of determining the
accuracy of required records.
Both such provisions permit warrantless inspections, the first
relating to a licensee's records and the second ...