Law, Business, and Society 9th Edition by Tony McAdams

Exercise 19

Joseph Burger owned and operated an automobile junkyard where, among other things, he dismantled autos and sold the parts. A New York statute permitted police to conduct warrantless inspections of auto junkyards. Without objection by Burger, police conducted a warrantless inspection of his business. The inspection revealed stolen vehicles and stolen parts. Burger was charged with possession of stolen property. In court, Burger moved to suppress the evidence arising from the search on the grounds that the New York statute under which the search was conducted was unconstitutional.
a. Does the statute violate the Fourth Amendment's prohibition of unreasonable searches and seizures Explain.
b. Why do many states, including New York, explicitly permit the warrantless inspection of automobile junkyards See New York v. Joseph Burger, 482 U.S. 691 (1987).