Reference no: EM133812594

Question

An inspector for the Liquor Control Commission enters Bart's Bar during business hours to conduct an inspection. The inspector counts the number of patrons present in the bar and asks to see the legal occupancy permit. Bart tells the inspector that the permit is in his office in the back. Bart leads the inspector to his office in the back. While walking to the office, the inspector notes that there are cases of beer blocking the emergency exit. Bart shows the inspector the occupancy permit. The inspector notes that the number of occupants is below the occupancy requirement, but tells Bart she is going to write him up for not having the permit posted in a public part of the bar as required and for the safety violation of blocking the emergency exit. The inspector sits down at Bart's desk to write the citations. While seated at the desk, the inspector notices a small dish with a white powder in it. Suspecting it is illegal drugs, the inspector calls for police to come and seize the powder. A field test reveals it is cocaine. Bart is charged with Possession of Cocaine less than 25 Grams. He objects to the validity of the search stating it exceeded the scope of authority of the LCC inspector. How should the court rule and why?