Frank v. Maryland

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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 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

(https://en.wikipedia.org/w/index.php?title=Frank_v._Maryland&action=edit&section=1 "Edit section: See also")

• List of United States Supreme Court cases, volume 360

• _Wolf v. Colorado _, 338 U.S. 25 (1949)

References

(https://en.wikipedia.org/w/index.php?title=Frank_v._Maryland&action=edit&section=2 "Edit section: References")

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 .

External links

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• 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 Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

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