Discuss the three requirements for authorizing inspections without search warrants of closely regulated businesses

Question

What will be an ideal response?

Answer 1

In the Burger case, the U.S. Supreme Court established three requirements for authorizing inspections without search warrants of closely regulated businesses:
- There must be a "substantial" government interest that informs the business operator of the "regulatory scheme" to which the inspection is to be made. For example, in the Burger case, the closely regulated industry was the junkyard business. These businesses are regulated because of the serious problem of stolen cars and stolen vehicle parts. Five police officers entered Burger's junkyard to inspect the junkyard as permitted by New York law. Burger stated that he did not have a license or records of vehicles he was required to have. The officers then found stolen cars and stolen vehicle parts. Burger was charged with the possession of stolen property. The New York law was found to be constitutional by the U.S. Supreme Court.
- The inspection without a search warrant must be "necessary to further the regulatory scheme."
- The regulatory law must perform the two basic functions of a search warrant:
o It must advise the business owner that a search is to be made pursuant to the law.
o The law must limit the discretion of the inspecting officers.