ADMINISTRATIVE SEARCHES AND THE IMPLIED CONSENT DOCTRINE - BEYOND THE FOURTH AMENDMENT

• NCJ Number: 38157
• Journal: Brooklyn Law Review Volume: 43 Issue: 1 Dated: (SUMMER 1976) Pages: 91-122
• Author(s): T H BARTELSTONE
• Date Published: 1976
• Length: 32 pages
• Corporate Author: Brooklyn Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE LAW OF ADMINISTRATIVE INSPECTIONS AS SHAPED BY US SUPREME COURT DECISIONS IN AN EFFORT TO EVALUATE THE COURT'S RULING IN US V BISWELL (1972).

Abstract

IN BISWELL, THE COURT FOUND THAT A PAWNBROKER, FEDERALLY LICENSED TO SELL FIREARMS, WAS STATUTORILY BOUND TO SUBMIT TO A WARRANTLESS SEARCH OF HIS BUSINESS PREMISES. COURT DECISIONS PRIOR TO AND BASED ON BISWELL WHICH RELY ON THE REASONING OF THE IMPLIED CONSENT DOCTRINE ARE REVIEWED TO ASSESS THEIR IMPACT ON FOURTH AMENDMENT PROTECTIONS.