IN RE DWELLING LOCATED AT 728 BELMONT AVENUE

No. 7426SC746.

210 S.E.2d 73 (1974)

24 N.C. App. 17

In the Matter of the DWELLING LOCATED AT 728 BELMONT AVENUE, CHARLOTTE, North Carolina, and owned by Double Triangle Properties, Inc.

Court of Appeals of North Carolina.

November 25, 1974.


Attorney(s) appearing for the Case

Lindsey, Schrimsher, Erwin & Bernhardt by Lawrence W. Hewitt, for petitioner appellant.

City Atty. W. A. Watts, Charlotte, for respondent appellee.

City of Greensboro by City Atty. Jesse L. Warren, Greensboro, and Asst. City Atty. Dale Shepherd, and Legal Aid Society of Mecklenburg County by Terence Roche, Charlotte, amici curiae.


BALEY, Judge.

Does an administrative search or inspection by municipal authorities for detection of violations of a housing code, conducted without a warrant and without permission of the owner of the dwelling house, violate the owner's constitutional right to be free from unreasonable search when the tenant-occupant consents to such search? The trial court has determined that it does not, and we agree.

The Fourth Amendment to the United States Constitution...

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