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2018 Georgia Code 44-12-133 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 3 BAILMENTS

44-12-133. Permanent records - Manner of recording entry; corrections; inspection.

Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time.

(Ga. L. 1977, p. 1194, § 3.)

JUDICIAL DECISIONS

Constitutionality.

- O.C.G.A. §§ 44-12-133 and44-12-137, authorizing a warrantless inspection of pawnshop records, do not violate the fourth amendment. Howell v. Roberts, 656 F. Supp. 1150 (N.D. Ga. 1987).

The law regulating pawnshops does not lack a rational basis. Howell v. Roberts, 656 F. Supp. 1150 (N.D. Ga. 1987).

Due process is not violated simply because a local authority arguably misapplies or exceeds its authority under the relevant state statutes, as where a police officer from one county seeks to inspect a pawnshop record book in another county under O.C.G.A. §§ 44-12-133 and44-12-137. Howell v. Roberts, 656 F. Supp. 1150 (N.D. Ga. 1987).

RESEARCH REFERENCES

Am. Jur. 2d.

- 54 Am. Jur. 2d, Moneylenders and Pawnbrokers, §§ 6, 7.

C.J.S.

- 70 C.J.S., Pawnbrokers, § 2.

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