camara
municipal
argued
february
decided
june
appellant
charged
violating
san
francisco
housing
code
refusing
three
efforts
city
housing
inspectors
secure
consent
allow
warrantless
inspection
quarters
leased
residential
use
allegedly
violated
apartment
building
occupancy
permit
claiming
inspection
ordinance
unconstitutional
failure
require
warrant
inspections
appellant
awaiting
trial
sued
state
superior
writ
prohibition
denied
relying
frank
maryland
similar
cases
district
appeal
affirmed
holding
ordinance
violate
fourth
amendment
state
denied
petition
hearing
held
fourth
amendment
bars
prosecution
person
refused
permit
warrantless
inspection
personal
residence
frank
maryland
supra
pro
tanto
overruled
pp
basic
purpose
fourth
amendment
enforceable
fourteenth
prohibition
unreasonable
searches
seizures
safeguard
privacy
security
individuals
arbitrary
invasions
governmental
officials
certain
carefully
defined
exceptions
unconsented
warrantless
search
private
property
unreasonable
pp
contrary
assumption
frank
maryland
supra
fourth
amendment
interests
merely
peripheral
municipal
fire
health
housing
inspection
programs
involved
whose
purpose
determine
existence
physical
conditions
complying
local
ordinances
programs
moreover
enforceable
criminal
process
refusal
allow
inspection
pp
warrantless
administrative
searches
justified
grounds
make
minimal
demands
occupants
warrants
cases
unfeasible
area
inspection
programs
function
reasonable
requirements
pp
probable
cause
upon
basis
warrants
issued
area
inspections
dependent
inspector
belief
particular
dwelling
violates
code
reasonableness
enforcement
agency
appraisal
conditions
area
whole
standards
guide
magistrate
issuance
search
warrants
necessarily
vary
municipal
program
enforced
pp
search
warrants
required
nonemergency
situations
normally
sought
entry
refused
pp
nonemergency
situation
appellant
right
insist
inspectors
obtain
search
warrant
marshall
krause
argued
cause
appellant
briefs
donald
cahen
albert
harris
assistant
attorney
general
california
argued
cause
appellee
brief
thomas
lynch
attorney
general
gloria
dehart
deputy
attorney
general
leonard
kerpelman
filed
brief
homeowners
opposition
housing
authoritarianism
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
thomas
john
sholenberger
roger
arnebergh
barnett
shur
alexander
brown
david
stahl
robert
michalski
member
municipalities
national
institute
municipal
law
officers
elliot
richardson
attorney
general
willie
davis
assistant
attorney
general
edward
martin
deputy
attorney
general
max
rosenblatt
lewis
weinstein
loyd
starrett
commonwealth
massachusetts
et
al
justice
white
delivered
opinion
frank
maryland
upheld
vote
state
conviction
refused
permit
municipal
health
inspector
enter
inspect
premises
without
search
warrant
eaton
price
similar
conviction
affirmed
equally
divided
since
closely
divided
decisions
intensive
efforts
levels
government
contain
eliminate
urban
blight
led
increasing
use
inspection
techniques
numerous
decisions
fully
defined
fourth
amendment
effect
state
municipal
action
mapp
ohio
ker
california
view
growing
nationwide
importance
problem
noted
probable
jurisdiction
case
see
city
seattle
post
whether
administrative
inspection
programs
presently
authorized
conducted
violate
fourth
amendment
rights
rights
enforced
fourteenth
amendment
appellant
brought
action
california
superior
alleging
awaiting
trial
criminal
charge
violating
san
francisco
housing
code
refusing
permit
warrantless
inspection
residence
writ
prohibition
issue
criminal
ordinance
authorizing
inspections
unconstitutional
face
superior
denied
writ
district
appeal
affirmed
california
denied
petition
hearing
appellant
properly
raised
considered
california
courts
federal
constitutional
questions
presents
though
judicial
findings
fact
prohibition
proceeding
shall
set
forth
parties
factual
allegations
november
inspector
division
housing
inspection
san
francisco
department
public
health
entered
apartment
building
make
routine
annual
inspection
possible
violations
city
housing
code
building
manager
informed
inspector
appellant
lessee
ground
floor
using
rear
leasehold
personal
residence
claiming
building
occupancy
permit
allow
residential
use
ground
floor
inspector
confronted
appellant
demanded
permit
inspection
premises
appellant
refused
allow
inspection
inspector
lacked
search
warrant
inspector
returned
november
without
warrant
appellant
refused
allow
inspection
citation
mailed
ordering
appellant
appear
district
attorney
office
appellant
failed
appear
two
inspectors
returned
apartment
november
informed
appellant
required
law
permit
inspection
housing
code
sec
right
enter
building
authorized
employees
city
departments
city
agencies
far
may
necessary
performance
duties
shall
upon
presentation
proper
credentials
right
enter
reasonable
times
building
structure
premises
city
perform
duty
imposed
upon
municipal
code
appellant
argued
throughout
litigation
contrary
fourth
fourteenth
amendments
authorizes
municipal
officials
enter
private
dwelling
without
search
warrant
without
probable
cause
believe
violation
housing
code
exists
therein
consequently
appellant
contends
may
prosecuted
refusing
permit
inspection
unconstitutionally
authorized
relying
frank
maryland
eaton
price
decisions
district
appeal
held
violate
fourth
amendment
rights
part
regulatory
scheme
essentially
civil
rather
criminal
nature
inasmuch
section
creates
right
inspection
limited
scope
may
exercised
unreasonable
conditions
concluded
frank
maryland
extent
sanctioned
warrantless
inspections
must
overruled
reverse
though
general
agreement
fundamental
purpose
fourth
amendment
translation
abstract
prohibition
unreasonable
searches
seizures
workable
guidelines
decision
particular
cases
difficult
task
many
years
divided
members
nevertheless
one
governing
principle
justified
history
current
experience
consistently
followed
except
certain
carefully
defined
classes
cases
search
private
property
without
proper
consent
unreasonable
unless
authorized
valid
search
warrant
see
stoner
california
jeffers
mcdonald
agnello
explained
johnson
right
officers
thrust
home
also
grave
concern
individual
society
chooses
dwell
reasonable
security
freedom
surveillance
right
privacy
must
reasonably
yield
right
search
rule
decided
judicial
officer
policeman
government
enforcement
agent
frank
majority
municipal
fire
health
housing
inspection
programs
touch
upon
periphery
important
interests
safeguarded
fourteenth
amendment
protection
official
intrusion
inspections
merely
determine
whether
physical
conditions
exist
comply
minimum
standards
prescribed
local
regulatory
ordinances
since
inspector
ask
property
owner
open
doors
search
evidence
criminal
action
may
used
secure
owner
criminal
conviction
historic
interests
jointly
protected
fourth
fifth
amendments
said
involved
less
intense
right
secure
intrusion
personal
privacy
may
agree
routine
inspection
physical
condition
private
property
less
hostile
intrusion
typical
policeman
search
fruits
instrumentalities
crime
reason
alone
frank
differed
great
bulk
fourth
amendment
cases
considered
agree
fourth
amendment
interests
stake
inspection
cases
merely
peripheral
surely
anomalous
say
individual
private
property
fully
protected
fourth
amendment
individual
suspected
criminal
behavior
instance
even
citizen
tangible
interest
limiting
circumstances
sanctity
home
may
broken
official
authority
possibility
criminal
entry
guise
official
sanction
serious
threat
personal
family
security
even
accepting
frank
rather
remarkable
premise
inspections
kind
considering
fact
jeopardize
interests
property
owner
like
regulatory
laws
fire
health
housing
codes
enforced
criminal
processes
cities
discovery
violation
inspector
leads
criminal
complaint
even
cities
discovery
violation
produces
administrative
compliance
order
refusal
comply
criminal
offense
fact
compliance
verified
second
inspection
without
warrant
finally
case
demonstrates
refusal
permit
inspection
crime
punishable
fine
even
jail
sentence
frank
majority
suggested
appellee
reasserts
two
justifications
permitting
administrative
health
safety
inspections
without
warrant
first
argued
inspections
designed
make
least
possible
demand
individual
occupant
ordinances
authorizing
inspections
hedged
safeguards
rate
inspector
particular
decision
enter
must
comply
constitutional
standard
reasonableness
even
may
enter
without
warrant
addition
argument
proceeds
warrant
process
function
effectively
field
decision
inspect
entire
municipal
area
based
upon
legislative
administrative
assessment
broad
factors
area
age
condition
unless
magistrate
review
policy
matters
must
issue
rubber
stamp
warrant
provides
protection
property
owner
opinion
arguments
unduly
discount
purposes
behind
warrant
machinery
contemplated
fourth
amendment
present
system
inspector
demands
entry
occupant
way
knowing
whether
enforcement
municipal
code
involved
requires
inspection
premises
way
knowing
lawful
limits
inspector
power
search
way
knowing
whether
inspector
acting
proper
authorization
questions
may
reviewed
neutral
magistrate
without
reassessment
basic
agency
decision
canvass
area
yet
refusing
entry
risking
criminal
conviction
occupant
present
challenge
inspector
decision
search
even
occupant
possesses
sufficient
fortitude
take
risk
appellant
may
never
learn
reason
inspection
law
generally
allows
housing
inspectors
gain
entry
practical
effect
system
leave
occupant
subject
discretion
official
field
precisely
discretion
invade
private
property
consistently
circumscribed
requirement
disinterested
party
warrant
need
search
see
cases
cited
supra
simply
say
protections
provided
warrant
procedure
needed
context
broad
statutory
safeguards
substitute
individualized
review
particularly
safeguards
may
invoked
risk
criminal
penalty
final
justification
suggested
warrantless
administrative
searches
public
interest
demands
rule
vigorously
argued
health
safety
entire
urban
populations
dependent
upon
enforcement
minimum
fire
housing
sanitation
standards
effective
means
enforcing
codes
routine
systematized
inspection
physical
structures
course
applying
reasonableness
standard
including
one
constitutional
dimension
argument
public
interest
demands
particular
rule
must
receive
careful
consideration
think
argument
misses
mark
question
stage
least
whether
inspections
may
made
whether
may
made
without
warrant
example
say
gambling
raids
may
made
discretion
police
without
warrant
necessarily
say
gambling
raids
may
never
made
assessing
whether
public
interest
demands
creation
general
exception
fourth
amendment
warrant
requirement
question
whether
public
interest
justifies
type
search
question
whether
authority
search
evidenced
warrant
turn
depends
part
upon
whether
burden
obtaining
warrant
likely
frustrate
governmental
purpose
behind
search
see
schmerber
california
nowhere
urged
fire
health
housing
code
inspection
programs
achieve
goals
within
confines
reasonable
search
warrant
requirement
thus
find
public
need
argument
dispositive
summary
hold
administrative
searches
kind
issue
significant
intrusions
upon
interests
protected
fourth
amendment
searches
authorized
conducted
without
warrant
procedure
lack
traditional
safeguards
fourth
amendment
guarantees
individual
reasons
put
forth
frank
maryland
cases
upholding
warrantless
searches
insufficient
justify
substantial
weakening
fourth
amendment
protections
nature
municipal
programs
consideration
however
conclusions
must
beginning
end
inquiry
frank
majority
gave
recognition
unique
character
inspection
programs
refusing
require
search
warrants
reject
disposition
justify
ignoring
question
whether
accommodation
public
need
individual
rights
essential
ii
cases
fourth
amendment
requires
warrant
search
obtained
probable
cause
standard
particular
decision
search
tested
constitutional
mandate
reasonableness
apply
standard
obviously
necessary
first
focus
upon
governmental
interest
allegedly
justifies
official
intrusion
upon
constitutionally
protected
interests
private
citizen
example
criminal
investigation
police
may
undertake
recover
specific
stolen
contraband
goods
public
interest
hardly
justify
sweeping
search
entire
city
conducted
hope
goods
might
found
consequently
search
goods
even
warrant
reasonable
probable
cause
believe
uncovered
particular
dwelling
unlike
search
pursuant
criminal
investigation
inspection
programs
issue
aimed
securing
compliance
minimum
physical
standards
private
property
primary
governmental
interest
stake
prevent
even
unintentional
development
conditions
hazardous
public
health
safety
fires
epidemics
may
ravage
large
urban
areas
unsightly
conditions
adversely
affect
economic
values
neighboring
structures
numerous
courts
upheld
police
power
municipalities
impose
enforce
minimum
standards
even
upon
existing
structures
determining
whether
particular
inspection
reasonable
thus
determining
whether
probable
cause
issue
warrant
inspection
need
inspection
must
weighed
terms
reasonable
goals
code
enforcement
unanimous
agreement
among
familiar
field
effective
way
seek
universal
compliance
minimum
standards
required
municipal
codes
routine
periodic
inspections
structures
probable
cause
debate
focused
agency
decision
conduct
area
inspection
unavoidably
based
appraisal
conditions
area
whole
knowledge
conditions
particular
building
appellee
contends
probable
cause
standard
urged
appellant
adopted
area
inspection
eliminated
means
seeking
compliance
code
standards
reasonable
goals
code
enforcement
dealt
crushing
blow
meeting
contention
appellant
argues
first
probable
cause
standard
jeopardize
area
inspection
programs
minute
portion
population
refuse
consent
inspections
second
individual
privacy
event
given
preference
public
interest
conducting
inspections
first
argument
even
true
irrelevant
question
whether
area
inspection
reasonable
within
meaning
fourth
amendment
second
argument
effect
assertion
area
inspection
unreasonable
search
unfortunately
ready
test
determining
reasonableness
balancing
need
search
invasion
search
entails
think
number
persuasive
factors
combine
support
reasonableness
area
inspections
first
programs
long
history
judicial
public
acceptance
see
frank
maryland
second
public
interest
demands
dangerous
conditions
prevented
abated
yet
doubtful
canvassing
technique
achieve
acceptable
results
many
conditions
faulty
wiring
obvious
example
observable
outside
building
indeed
may
apparent
inexpert
occupant
finally
inspections
neither
personal
nature
aimed
discovery
evidence
crime
involve
relatively
limited
invasion
urban
citizen
privacy
majority
dissent
frank
emphatically
supported
conclusion
time
experience
forcefully
taught
power
inspect
dwelling
places
either
matter
systematic
search
treat
specific
problem
indispensable
importance
maintenance
community
health
power
greatly
hobbled
blanket
requirement
safeguards
necessary
search
evidence
criminal
acts
need
preventive
action
great
city
city
seen
need
granted
power
inspection
health
officials
inspections
apparently
welcomed
insignificant
certainly
nature
society
vitiated
need
inspections
first
thought
necessary
years
ago
experience
revealed
abuse
inroad
freedom
meeting
need
means
history
dominant
public
opinion
sanctioned
suggest
health
official
need
show
kind
proof
magistrate
obtain
warrant
one
must
search
fruits
instrumentalities
crime
considerations
health
safety
involved
facts
justify
inference
probable
cause
make
inspection
clearly
different
justify
inference
criminal
investigation
undertaken
experience
may
show
need
periodic
inspections
certain
facilities
without
showing
cause
believe
substandard
conditions
dangerous
public
maintained
passage
certain
period
without
inspection
might
sufficient
given
situation
justify
issuance
warrant
test
probable
cause
required
fourth
amendment
take
account
nature
search
sought
justice
douglas
dissenting
iii
iv
judgment
vacated
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
sec
penalty
violation
person
owner
authorized
agent
violates
disobeys
omits
neglects
refuses
comply
resists
opposes
execution
provisions
code
order
superintendent
director
public
works
director
public
health
made
pursuant
code
shall
guilty
misdemeanor
upon
conviction
thereof
shall
punished
fine
exceeding
five
hundred
dollars
imprisonment
exceeding
six
months
fine
imprisonment
unless
otherwise
provided
code
shall
deemed
guilty
separate
offense
every
day
violation
disobedience
omission
neglect
refusal
shall
continue
givner
state
md
city
louis
evans
mo
state
ex
rel
eaton
price
ohio
aff
equally
divided
see
also
state
rees
iowa
commonwealth
hadley
mass
appeal
docketed
people
laverne
frank
baltimore
ordinance
required
health
inspector
cause
suspect
nuisance
exists
house
cellar
enclosure
demand
entry
without
warrant
requirement
obviously
met
frank
inspector
observed
extreme
structural
decay
pile
rodent
feces
appellant
premises
section
san
francisco
housing
code
cause
requirement
neither
ohio
ordinance
issue
eaton
price
case
four
justices
thought
controlled
frank
opinion
justice
brennan
see
boyd
compare
schmerber
california
see
abel
justice
brennan
dissenting
district
columbia
little
app
aff
see
new
york
administrative
code
see
washington
housing
regulations
prevalent
enforcement
procedure
see
note
enforcement
municipal
housing
codes
harv
rev
san
francisco
code
requires
inspector
display
proper
credentials
inspect
reasonable
times
obtain
entry
force
least
emergency
baltimore
ordinance
frank
required
inspector
cause
suspect
nuisance
exists
cities
notify
residents
advance
mail
posted
notice
impending
area
inspections
state
courts
upholding
inspections
without
warrants
imposed
general
reasonableness
requirement
see
cases
cited
supra
see
abbate
city
chicago
city
louisville
thompson
adamec
post
paquette
city
fall
river
mass
richards
city
columbia
boden
city
milwaukee
see
osgood
zwerner
rehabilitation
conservation
law
contemp
prob
schwartz
crucial
areas
administrative
law
geo
rev
comment
rent
withholding
improvement
substandard
housing
rev
note
enforcement
municipal
housing
codes
harv
rev
note
municipal
housing
codes
harv
rev
section
housing
urban
development
act
stat
supp
authorizes
grants
federal
funds
cities
municipalities
counties
purpose
assisting
localities
carrying
programs
concentrated
code
enforcement
deteriorated
deteriorating
areas
enforcement
together
public
improvements
provided
locality
may
expected
arrest
decline
area