Question
Investigator Lockemup gets information that the new bar in town has a back room with gambling machines and tables. Games of chance are illegal in
Investigator Lockemup gets information that the new bar in town has a back room with gambling machines and tables. Games of chance are illegal in Smallville. Lockemup knows that the new bar has just obtained a liquor license and that the license is regulated by the State of Timbuktu. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulates licensing for establishments serving food and alcohol. Lockemup calls a friend who works for ATF, Brian, and asks if ATF can conduct a search of the new bar and see if there are any gambling machines on premises. Brian agrees to visit the new bar and plans his visit for the following evening. When Brian arrives, he announces his presence to the new bar manager and asks for a tour. The new bar manager acts extremely nervous and says he has to call the owner first. Brian ignores this request and starts to walk around the new bar on his own. He sees a back room and enters through a beaded curtain. Inside the room there are approximately twenty illegal gambling machines. Every machine is being played and making sounds and lighting up. Brian calls Lockemup, who arrives with several other officers. They shut down new bar and seize all the illegal gambling machines. The owner of the new bar shows up demanding to know what is going on wherein he is arrested for possession of illegal gambling machines. Was the search and seizure of the gambling machines proper? Why or why not?
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