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.
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, 387U.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]
^Camara v. Municipal Court of City and County of San Francisco, 387U.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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Text of Frank v. Maryland, 359U.S. 360 (1959) is available from:CourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
frank, maryland, 1959, united, states, supreme, court, case, interpreting, fourth, amendment, united, states, constitution, supreme, court, united, statesargued, march, 1959decided, 1959full, case, nameaaron, frank, state, marylandcitations359, more, 877case, . Frank v Maryland 359 U S 360 1959 was a United States Supreme Court case interpreting the Fourth Amendment to the United States Constitution Frank v MarylandSupreme Court of the United StatesArgued March 5 1959Decided May 4 1959Full case nameAaron D Frank v State of MarylandCitations359 U S 360 more 79 S Ct 804 3 L Ed 2d 877Case historySubsequentRehearing denied June 15 1959 HoldingSection 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 membershipChief Justice Earl Warren Associate Justices Hugo Black Felix FrankfurterWilliam O Douglas Tom C ClarkJohn M Harlan II William J Brennan Jr Charles E Whittaker Potter StewartCase opinionsMajorityFrankfurter joined by Clark Harlan Whittaker StewartConcurrenceWhittakerDissentDouglas joined by Warren Black BrennanOverruled byCamara v Municipal Court of City and County of San Francisco 387 U S 523 1967 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 editList of United States Supreme Court cases volume 360 Wolf v Colorado 338 U S 25 1949 References edit Frank v Maryland 359 U S 360 1959 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 External links edit nbsp Works related to Frank v Maryland at Wikisource Text of Frank v Maryland 359 U S 360 1959 is available from CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Frank v Maryland amp oldid 1175142548, wikipedia, wiki, book, books, library,
