No. 92.

387 U.S. 523 (1967)


Supreme Court of United States.

Decided June 5, 1967.

Attorney(s) appearing for the Case

Marshall W. Krause argued the cause for appellant. With him on the briefs was Donald M. Cahen.

Albert W. Harris, Jr., Assistant Attorney General of California, argued the cause for appellee. With him on the brief were Thomas C. Lynch, Attorney General, and Gloria F. DeHart, Deputy Attorney General.

Leonard J. Kerpelman filed a brief for Homeowners in Opposition to Housing Authoritarianism, as amicus curiae, urging reversal.

Briefs of amici curiae, urging affirmance, were filed by Thomas M. O'Connor, John W. Sholenberger, Roger Arnebergh, Barnett I. Shur, Alexander G. Brown, David Stahl and Robert E. Michalski for the Member Municipalities of the National Institute of Municipal Law Officers, and by Elliot L. Richardson, Attorney General, Willie J. Davis, Assistant Attorney General, Edward T. Martin, Deputy Attorney General, Max Rosenblatt, Lewis H. Weinstein and Loyd M. Starrett for the Commonwealth of Massachusetts et al.

MR. JUSTICE WHITE delivered the opinion of the Court.

In Frank v. Maryland, 359 U.S. 360, this Court upheld, by a five-to-four vote, a state court conviction of a home-owner who refused to permit a municipal health inspector to enter and inspect his premises without a search warrant. In Eaton v. Price, 364 U.S. 263, a similar conviction...

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