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Question: Biswell operated a pawn shop and had


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.
Issue: Did the agent’s warrantless search violate the Constitution?
Excerpts from Justice White's Decision: When the officers asked to inspect respondent's locked storeroom, they were merely asserting their statutory right, and respondent was on notice as to their identity and the legal basis for their action. Respondent's submission to lawful authority and his decision to step aside and permit the inspection rather than face a criminal prosecution is analogous to a householder's acquiescence in a search pursuant to a warrant when the alternative is a possible criminal prosecution for refusing entry or a forcible entry. In neither case does the lawfulness of the search depend on consent; in both, there is lawful authority independent of the will of the householder who might, other things being equal, prefer no search at all.
In the context of a regulatory inspection system of business premises that is carefully limited in time, place, and scope, the legality of the search depends not on consent but on the authority of a valid statute.
Federal regulation of the interstate traffic in firearms is undeniably of central importance to federal efforts to prevent violent crime. Large interests are at stake, and inspection is a crucial part of the regulatory scheme.
Here, if inspection is to be effective and serve as a credible deterrent, unannounced, even frequent, inspections are essential. In this context, the prerequisite of a warrant could easily frustrate inspection; and if the necessary flexibility as to time, scope, and frequency is to be preserved, the protections afforded by a warrant would be negligible.
It is also plain that inspections for compliance with the Gun Control Act pose only limited threats to the dealer's justifiable expectations of privacy. When a dealer chooses to engage in this pervasively regulated business and to accept a federal license, he does so with the knowledge that his business records, firearms, and ammunition will be subject to effective inspection. Each licensee is annually furnished with a revised compilation of ordinances that describe his obligations. The dealer is not left to wonder about the purposes of the inspector or the limits of his task.
We have little difficulty in concluding that where, as here, regulatory inspections further urgent federal interest, and the possibilities of abuse and the threat to privacy are not of impressive dimensions, the inspection may proceed without a warrant where specifically authorized by statute. The seizure of respondent's sawed-off rifles was not unreasonable under the Fourth Amendment, the judgment of the Court of Appeals is reversed, and the case is remanded to that court.

Required:
a. What if this was a search of a private home?
b. Does the owner of commercial property have a different expectation of privacy than that of a homeowner?


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2.99

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