As a general rule, administrative searches of businesses require a search warrant. The Department of Alcohol, Tobacco

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As a general rule, administrative searches of businesses require a search warrant. The Department of Alcohol, Tobacco and Firearms (ATF) officials inspected Colonnade Catering without either a warrant or permission. The inspection was based on information provided by an ATF agent who, while a guest at a party held at the establishment, noted possible violations of federal law (not paying tax on alcoholic beverages). The catering service owner claimed that the officers conducted the search in violation of his Fourth Amendment rights as they searched without a warrant or his permission. The ATF claimed that the catering service store is part of a "pervasively regulated industry" and as such there is a substantial government interest in warrantless searches. Can the department conduct the warrantless search?
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Understanding the Law

ISBN: 978-0538473590

6th edition

Authors: Donald L. Carper, John A. McKinsey

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