Administrative Agencies and Warrantless Searches
The fact we need to consider in this case is that Jazzbo Depew was playing at an entertainment complex in Texarkana which was a business property. This business sells liquor, by the drink and by the bottle. The search in this case was a warrantless search. Let’s examine whether it is legal or not to conduct such type of a search. The 4th amendment under bill of rights protects general public with their privacy. The 4th amendment states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The fourth amendment limits “unreasonable searches and seizures”. It protects business properties …show more content…
V. United States [1], “a retail liquor dealer had resisted a warrantless search of his locked storeroom by agents of Internal Revenue Service. The code provisions authorizing warrantless inspections of liquor dealers were not held unconstitutional. Since the liquor industry had long been subject to close supervision and inspection, congress had broad authority to fashion standards of reasonableness for searches and seizures in the liquor industry”.
Although Jazzbo’s dressing room had a bead curtain sealing it off the view from public, it was not a proper door that prevents public from entering. Jazzbo should have known this simple fact. There was nothing except the Roadie to stop people from entering the dressing room. At least if there was physical sign that says something like “Dressing Room- Do Not Enter”, then probably, the Ranger might have considered that. How do you expect people to think that it’s a dressing room behind the bead curtain? For the Ranger, it was inside a private property that is subjected to