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United States v. Biswell

United States Supreme Court

406 U.S. 311 (1972)

Facts

Loarn Biswell (defendant) ran a pawnshop where guns were sold. Local and federal agents visited the shop to inspect the guns. The agents, who had no warrant, showed Biswell the provisions of the federal gun-control statute that authorized warrantless searches. Two sawed-off rifles that were covered under the National Firearms Act of 1934 lacked the required tax stamp. Biswell was indicted and convicted in federal district court for dealing in firearms without paying the required tax. The court of appeals reversed, holding that the warrantless-search provisions violated the Fourth Amendment to the United States Constitution. The government appealed to the United States Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (White, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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