United States Supreme Court Cases & Opinions

U.S. Supreme Court

Frank v. Maryland, 359 U.S. 360 (1959)

Frank v. Maryland

No. 278

Argued March 5, 1959

Decided May 4, 1959

359 U.S. 360

Syllabus

A Baltimore City health inspector seeking the source of a rat infestation discovered evidence of such an infestation in the rear of appellant's home, and, having no search warrant, requested appellant's permission to inspect his basement in the daytime. For refusing such permission, appellant was convicted and fined for a violation of § 120 of Art. 12 of the Baltimore City Code, which provides that

"Whenever the Commissioner of Health shall have cause to suspect that a nuisance exists in any house, cellar, or enclosure, he may demand entry therein in the day time, and if the owner or occupier shall refuse or delay to open the same and admit a free examination, he shall forfeit and pay for every such refusal the sum of Twenty Dollars."

Held: 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. Pp. 359 U. S. 361-373.

Affirmed.

Page 359 U. S. 361