see city seattle argued february decided june suitable warrant procedure held required fourth amendment effect unconsented administrative entry inspection private commercial premises cf camara municipal ante pp reversed norman dorsen argued cause appellant briefs melvin wulf marvin karpatkin newbould argued cause appellee brief charles rhyne justice white delivered opinion appellant seeks reversal conviction refusing permit representative city seattle fire department enter inspect appellant locked commercial warehouse without warrant without probable cause believe violation municipal ordinance existed therein inspection conducted part routine periodic canvass obtain compliance seattle fire code city seattle ordinance refused inspector access appellant arrested charged violating code inspection building premises shall duty fire chief inspect may enter buildings premises except interiors dwellings often may necessary purpose ascertaining causing corrected conditions liable cause fire violations provisions title ordinance concerning fire hazards camara held fourth amendment bars prosecution person refused permit warrantless inspection personal residence question case presents whether camara applies similar inspections commercial structures used private residences washington affirming appellant conviction suggested applied different standards reasonableness searches dwellings places business citing davis washington held appellee argues excludes interiors dwellings establishes reasonable scheme warrantless inspection commercial premises pursuant seattle fire code importing amos silverthorne lumber refused uphold otherwise unreasonable criminal investigative searches merely commercial rather residential premises object police intrusions likewise see justification relaxing fourth amendment safeguards official inspection intended aid enforcement laws prescribing minimum physical standards commercial premises explained camara search private houses presumptively unreasonable conducted without warrant businessman like occupant residence constitutional right go business free unreasonable official entries upon private commercial property businessman right placed jeopardy decision enter inspect violation regulatory laws made enforced inspector field without official authority evidenced warrant governmental regulation business enterprise mushroomed recent years need effective investigative techniques achieve aims regulation subject substantial comment legislation official entry upon commercial property technique commonly adopted administrative agencies levels government enforce variety regulatory laws thus entry may permit inspection structure business housed case inspection business products perusal financial books records occasion consider fourth amendment relation broad range investigations however dealt fourth amendment issues raised another common investigative technique administrative subpoena corporate books records find strong support subpoena cases conclusion warrants necessary tolerable limitation right enter upon inspect commercial premises settled administrative agency subpoenas corporate books records fourth amendment requires subpoena sufficiently limited scope relevant purpose specific directive compliance unreasonably burdensome agency right conduct reasonable inspections documents contemplated statute must delimit confines search designating needed documents formal subpoena addition demand inspect may issued agency form administrative subpoena may made enforced inspector field subpoenaed party may obtain judicial review reasonableness demand prior suffering penalties refusing comply rather minimal limitations administrative action think constitutionally required case investigative entry upon commercial establishments agency particular demand access course measured terms probable cause issue warrant flexible standard reasonableness takes account public need effective enforcement particular regulation involved decision enter inspect product unreviewed discretion enforcement officer field given analogous investigative functions performed administrative subpoena demand entry find untenable proposition subpoena termed constructive search oklahoma press pub walling subject fourth amendment limitations apply actual searches inspections commercial premises therefore conclude administrative entry without consent upon portions commercial premises open public may compelled prosecution physical force within framework warrant procedure way imply business premises may reasonably inspected many situations private homes question accepted regulatory techniques licensing programs require inspections prior operating business marketing product constitutional challenge programs resolved many past basis general fourth amendment standard reasonableness hold basic component reasonable search fourth amendment enforced without suitable warrant procedure applicable context others business well residential premises therefore appellant may prosecuted exercising constitutional right insist fire inspector obtain warrant authorizing entry upon appellant locked warehouse reversed footnotes dwelling defined code building occupied exclusively residential purposes two dwelling units dwellings subject substantive provisions code fire chief right enter premises limited times reasonable cause believe violation provisions title exists therein provision also lacks warrant procedure see antitrust civil process act stat sess reporting factory inspection amendments federal food drug cosmetic act stat davis administrative power investigation yale handler constitutionality investigations federal trade commission ii rev schwartz crucial areas administrative law geo rev note constitutional aspects federal tax investigations rev cardiff held federal food drug cosmetic act compel consent given warrantless inspections establishments covered act result statute subsequently amended see supra see also federal trade american tobacco see morton salt oklahoma press pub walling bausch lomb optical hale henkel see generally davis administrative law decide whether warrants inspect business premises may issued access refused since surprise may often crucial aspect routine inspections business establishments reasonableness warrants issued advance inspection necessarily vary nature regulation involved may differ standards applicable private homes davis relied upon washington held government officials demand access business premises upon obtaining consent search seize gasoline ration coupons issued government illegally possessed petitioner davis thus involved reasonableness particular search business premises involve search warrant issue justice clark justice harlan justice stewart join dissenting eight years ago brother frankfurter wisely wrote frank maryland 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 prostitutes command fourth amendment warrants shall issue upon probable cause sets health safety codes area inspection newfangled warrant system entirely foreign fourth amendment standards regrettable wipes long widely accepted practice creates place enormous confusion towns metropolitan cities one fell swoop dissent ii submit carefully circumscribed requirements health safety codes well facts circumstances particular inspections nothing unreasonable ones undertaken inspections meet fourth amendment test reasonableness entirely consistent amendment commands cases nothing suggests inspection unauthorized unreasonable improper purpose designed basis criminal prosecution indication discriminatory arbitrary capricious action affecting appellant either case indeed camara admittedly violating code living quarters prohibited thereby see operating locked warehouse business establishment subject inspection majority say however present system occupant way knowing necessity inspection limits inspector power whether inspector authorized perform search ordinances supported findings necessity inspections type san francisco specifically bans conduct appellant camara admittedly engaged furthermore doubts raised resolved quickly indeed inspectors identification cards show occupant latter easily resolve remaining questions call inspector superior upon demand receive written answer thereto record shows challenges easily interposed inspectors called several occasions still questions raised cases outset based fourth amendment circumstances surrounding attempted inspection say therefore inspection left discretion officer field reach conclusion authorized record ordinances involved says question whether inspections may made whether may made without warrant due respect inspections type made century half without warrants little late impose death sentence procedures instances officer secure warrant see case thereby insulating large important segments cities inspection health safety conditions situation even recognized give us pause iii seattle site see city seattle fire inspections commercial industrial buildings totaled jacksonville florida fire inspections carried year excess health inspections conducted portland oregon health safety inspections violations regulations uncovered fire marshal portland found violations fire code alone boston code violations uncovered baltimore somewhat similar situation reported larger metropolitan areas los angeles inspections health fire revealed hazardous violations chicago period november december buildings found rodent infested inspections cleveland division housing found violations code health inspectors found violations commercial establishments alone dwelling code infractions reported period new york city problem even acute grand jury brooklyn conducted housing survey square blocks three different areas found hazardous violations code restrictions areas alone prior test violations reported three areas pressing need inspection shown fact additional violations actually present time even disastrous effect suffered plumbing violations frequent also dangerous community defective plumbing causes back siphonage sewage household wastes chicago disastrous amoebic dysentery epidemic example deaths resulted fire code violations also often cause many conflagrations indeed fire inspection attempted district columbia little permitted child death resulting fire gutted home involved august might well prevented inspections also play vital role urban redevelopment slum clearance statistics indicate slums constitute residential area average american city still produce fires major crimes disease today decision play havoc many programs designed aid improvement areas remember admonition justice douglas berman parker miserable disreputable housing conditions may spread disease crime immorality may also suffocate spirit reducing people live status cattle may indeed make living almost insufferable burden iv majority propose two answers admittedly pressing problem need constant inspection premises fire health safety infractions municipal codes first say refusals entry inspect unlike attitude householders codes requiring entry inspection empirical statistics attitudes consent must obtained true required situations occupants welcome periodic visits municipal inspectors view true consent necessary city portland oregon voluntary home inspection program record shows calls occupant home entry refused cases approximately one six large percentage place intolerable burden inspection service required secure warrants important houses inspected hazardous conditions found hence percentage approximately hazardous situations inspection refused portland addresses propriety warrantless area inspections basis probable cause area inspection warrants says begins fourth amendment reasonableness requirement determining whether inspection reasonable need inspection must weighed terms reasonable goals code enforcement adds number persuasive factors supporting reasonableness area inspections interesting note factors relies upon identical ones brother frankfurter gave excusing warrants frank maryland supra long acceptance historically great public interest health safety impersonal nature inspections evidence crime public welfare upon reasoning concludes probable cause exists reasonable legislative administrative standards conducting area inspection satisfied respect particular dwelling standards vary says according code program condition area reference thereto rather condition particular dwelling majority seem hold warrants may obtained refusal initial entry find constitutional distinction command boxcar warrants identical every dwelling area save street number daresay printed pads thousand space street number inserted issued magistrates broadcast fashion matter course ask go exercise pretense essentials followed present procedures ask ceremony delay expense abuse search warrant view destroy integrity degrade magistrate issuing soon bring disrepute upon practice upon judicial process costly city paperwork incident issuance paper warrants loss time inspectors waste time magistrates result annoyance public also burdensome occupant premises inspected search warrant inspector enter time chooses existing procedures enter reasonable times invariably convenience occupant considered submit identical grounds action elaborated today give support legal practical present practice approved frank maryland supra legalistic facade creates anxiety limit holding mass searches hopes divert attention fact destroys health safety codes apply individual inspections specific problems contrasted area ones latter important individual inspection often true district columbia little may well camara see frankly understand authorize warrants wholesale fashion case area inspection hold hand inspector specific dwelling hazardous health safety neighbors opinion applies also camara municipal city county san francisco ante standard laid appears issuance warrants appropriately function agency involved magistrate also relieve magistrates intolerable burden therefore unfortunate fails pass validity use administrative warrants depass city spartanburg city louis evans mo camara municipal cal app cal rptr pet hearing cal sup den civ commonwealth hadley mass appeal docketed city seattle see indeed appellant camara summoned office district attorney failed appear certainly raised questions interesting note cases authorities making periodic area inspections refusals allow entry occurred holding today probable cause therefore present case paper warrant issue matter course emphasizes absurdity holding