Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 6

Administrative Search Lee Stuart Paulson owned a liquor license for My House, a bar in San Francisco. The California Department of Alcoholic Beverage Control is the administrative agency that regulates bars in that state. The California Business and Professions Code, which is administered by the department, prohibits “any kind of illegal activity on licensed premises.” An anonymous informer tipped the department that narcotics were being sold on the premises of My House, an establishment that sold liquor, and that the narcotics were kept in a safe behind the bar on the premises. A special department investigator entered the bar during its hours of operation, identified himself, and informed Paulson that he was conducting an inspection. The investigator, who did not have a search warrant, opened the safe without seeking Paulson’s consent. Twenty-two bundles of cocaine, totaling 5.5 grams, were found in the safe. Paulson was arrested. At his criminal trial, Paulson challenged the lawfulness of the search. Was the warrantless search of the safe a lawful search? People v. Paulson, 216 Cal.App.3d 1480, 265 Cal. Rptr. 579, Web 1990 Cal. App. Lexis 10 (Court of Appeal of California)

Step 1 of 2

In this case warrantless search is lawful Search. The reasons are as follows:

1) Generally warrantless searches are not lawful in US. But there is exception in certain business types. Liquor is one of these businesses.

2) US congress gives certain permissions to its officer depending on the seriousness of the reports or the crime.

As selling of narcotics is serious crime so US congress gives exception of warrant less searches. In the case of narcotics and alcohol industry US congress has broad authority of regulating such searches.

3) The mentioned department is the Federal administrative agency for administrating and regulating bars. Agency has appointed a person for raid is purely lawful and US congress allows such warrantless raids as exceptional raids in case of Alcohol and narcotic businesses.

4) Any agency which is responsible for the administrative jobs related to some licenses can appoint a person or a group of persons for inspection and administrative purposes. Appointment of such persons is a substitute of warrant. They can visit the premises and can do the inspection to prohibit any such activity which is against the licensing condition. During business hours such properties can have periodic inspection of such inspectors, person or authorities.