Biswell operated a pawn shop and had a license to sell sporting weapons. Treasury agents demanded to

Question:

Biswell operated a pawn shop and had a license to sell "sporting weapons". Treasury agents demanded to inspect Biswell's locked storeroom. The officials claimed that, the Gun Control Act of 1968 gave them the right to search without a warrant. 

That law says, in part, "the Secretary [of the Treasury] may enter during business hours the premises of any firearms dealer for the purpose of inspecting or examining 

(1) Any records or documents required to be kept by such dealer, and

(2) Any firearms or ammunition kept or stored by such dealer." 

Biswell voluntarily opened the storeroom, and the agent found two sawed-off rifles inside. The guns did not remotely meet the definition of "sporting weapons," and Biswell was convicted on firearms charges.

The appellate court found that, because the search violated the Fourth Amendment, the rifles could not be admitted as evidence.  It reversed the conviction, and the government appealed to the Supreme Court. 


Questions:

1. Did the agent’s warrantless search violate the Constitution?

2. What if this was a search of a private home?

3. Does the owner of commercial property have a different expectation of privacy than that of a homeowner?

Dealer
A dealer in the securities market is an individual or firm who stands ready and willing to buy a security for its own account (at its bid price) or sell from its own account (at its ask price). A dealer seeks to profit from the spread between the...
Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question

Business Law and the Legal Environment

ISBN: 978-1337736954

8th edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Patricia Sanchez Abril

Question Posted: