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S.D. Miss.: Scrap metal buyers are closely regulated under Burger

By John Wesley Hall, Jr.

Scrap metal business under Mississippi law is a closely regulated business where the buyer of scrap is required to gather information from sellers and turn over the information on reasonable demand from law enforcement. The likelihood of success of plaintiff's suit on the merits is not good. Metal Management of Mississippi v. Barbour, 2008 U.S. Dist. LEXIS 10716 (S.D. Miss. August 13, 2008): The defendant further notes that scrap metal businesses such as t. he plaintiff's are closely regulated under the new Act, as well as the prior law. Closely regulated businesses are characterized by licensing, registration, maintenance of records, and criminal penalties. Burger, 482 U.S. at 703-04; Peterman, 764 F.2d at 1421. Furthermore, says defendant, reducing metal theft crime, protecting theft victims, and recovering stolen goods from scrap dealers all constitute substantial governmental interests, thereby satisfying the first prong of the Burger test...continue to full post

Full post as published by Fourth Amendment on February 20, 2009 (boomark / email).