Frank v. Maryland

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Frank v. Maryland
Seal of the United States Supreme Court.svg
Argued March 5, 1959
Decided May 4, 1959
Full case name Frank v. Maryland
Citations 359 U.S. 360 (more)
Holding
Section 120 is valid, and appellant's conviction for resisting an inspection of his house without a warrant did not violate the Due Process Clause of the Fourteenth Amendment.
Court membership
Case opinions
Majority Frankfurter
Concurrence Whittaker
Dissent Douglas, joined by Warren, Black, & Brennan
Overruled by
Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967)

Frank v. Maryland, 359 U.S. 360 (1959), was United States Supreme Court interpreting the Fourth Amendment to the United States Constitution.

Frank refused to allow the health inspectors into his home citing the Fourth Amendment. Inspectors were trying to perform an administrative search for code violations, specifically a rat infestation, not a criminal investigation, so they did not believe they were violating the Fourth Amendment. The Court, in an opinion written by Felix Frankfurter, decided in favor of the inspectors claiming that the search would benefit the public more than Frank's interests in privacy.[1]

The Supreme Court would reverse this decision eight years later in Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967), ruling that the City of San Francisco could not prosecute a person for refusing to consent to a search of their home by a city inspector, and the inspector may only search either by having consent, or must have a search warrant issued based on probable cause of a violation of law.[2]

See also[edit]

References[edit]

  1. ^ Frank v. Maryland, 359 U.S. 360 (1959).
  2. ^ Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967).
  • Michener, J. (1960). "Health Inspections of Private Homes—Frank v. Maryland". Maryland Law Review 20: 345. ISSN 0025-4282. 
  • Schneider, Joseph J. (1961). "Constitutional Law—Search and Seizure—Duty of Home Owner to Permit Housing Inspection without a Warrant". Michigan Law Review 59 (3): 447–450. doi:10.2307/1285791. JSTOR 1285791. 

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