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Frank v. Maryland - Wikipedia

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Frank v. Maryland
Supreme Court of the United States
Argued March 5, 1959 Decided May 4, 1959
Full case name	Aaron D. Frank v. State of Maryland
Citations	359 U.S. 360 (more) 79 S. Ct. 804; 3 L. Ed. 2d 877
Case history
Subsequent	Rehearing denied, June 15, 1959.
Holding
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.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Tom C. Clark John M. Harlan II · William J. Brennan Jr. Charles E. Whittaker · Potter Stewart
Case opinions
Majority	Frankfurter, joined by Clark, Harlan, Whittaker, Stewart
Concurrence	Whittaker
Dissent	Douglas, joined by Warren, Black, Brennan
Overruled by
Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967)

Frank v. Maryland, 359 U.S. 360 (1959), was a United States Supreme Court case interpreting the Fourth Amendment to the United States Constitution.

Frank refused to allow the health inspectors into his home citing the Fourth Amendment. Inspectors were trying to perform an administrative search for code violations, specifically a rat infestation, not a criminal investigation, so they did not believe they were violating the Fourth Amendment. The Court, in an opinion written by Felix Frankfurter, decided in favor of the inspectors claiming that the search would benefit the public more than Frank's interests in privacy.^[1]

The Supreme Court would reverse this decision eight years later in Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967), ruling that the City of San Francisco could not prosecute a person for refusing to consent to a search of their home by a city inspector, and the inspector may only search either by having consent, or must have a search warrant issued based on probable cause of a violation of law.^[2]

References

^ Frank v. Maryland, 359 U.S. 360 (1959).
^ Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967).

Michener, J. (1960). "Health Inspections of Private Homes—Frank v. Maryland". Maryland Law Review. 20: 345. ISSN 0025-4282.
Schneider, Joseph J. (1961). "Constitutional Law—Search and Seizure—Duty of Home Owner to Permit Housing Inspection without a Warrant". Michigan Law Review. 59 (3): 447–450. doi:10.2307/1285791. JSTOR 1285791.

External links

Works related to Frank v. Maryland at Wikisource
Text of Frank v. Maryland, 359 U.S. 360 (1959) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)

United States Fourth Amendment case law

Scope of the Fourth Amendment

Definition of search

Boyd v. United States (1886)
United States v. Lee (1927)
Olmstead v. United States (1928)
Abel v. United States (1960)
Silverman v. United States (1961)
Katz v. United States (1967)
United States v. Knotts (1983)
United States v. Place (1983)
United States v. Karo (1984)
California v. Greenwood (1988)
Skinner v. Railway Labor Executives Ass'n (1989)
United States v. Verdugo-Urquidez (1990)
Bond v. United States (2000)
Kyllo v. United States (2001)
Illinois v. Caballes (2005)
United States v. Jones (2012)
Florida v. Jardines (2013)
Klayman v. Obama (D.D.C. 2013)
ACLU v. Clapper (D.D.C. 2013)

Open-fields doctrine	Hester v. United States (1924) Oliver v. United States (1984) United States v. Dunn (1987)
Aerial surveillance	California v. Ciraolo (1986) Dow Chemical Co. v. United States (1986) Florida v. Riley (1989)
Third-party doctrine	United States v. White (1971) United States v. Miller (1976) Smith v. Maryland (1979) Carpenter v. United States (2018)

Definition of seizure

Fourth Amendment standing

Rakas v. Illinois (1978)
Byrd v. United States (2018)

Probable cause
Brinegar v. United States (1949) Aguilar v. Texas (1964) Spinelli v. United States (1969) Illinois v. Gates (1983) Ornelas v. United States (1996) Whren v. United States (1996) Maryland v. Pringle (2003) Devenpeck v. Alford (2004) Florida v. Harris (2013) District of Columbia v. Wesby (2018)

Reasonable suspicion: Investigative detentions and frisks

Terry v. Ohio (1968)
United States v. Brignoni-Ponce (1975)
Delaware v. Prouse (1979)
Brown v. Texas (1979)
Ybarra v. Illinois (1979)
United States v. Cortez (1981)
United States v. Place (1983)
Michigan v. Long (1983)
Minnesota v. Dickerson (1996)
Illinois v. Wardlow (2000)
Florida v. J. L. (2000)
United States v. Arvizu (2002)
Hiibel v. Sixth Judicial District Court of Nevada (2004)
Arizona v. Johnson (2009)
Navarette v. California (2014)
Heien v. North Carolina (2014)
Kansas v. Glover (2020)

Warrant requirement

Mere evidence rule	Boyd v. United States (1886) Hale v. Henkel (1906) Warden v. Hayden (1967)
Neutral and detached magistrate	Coolidge v. New Hampshire (1971)
Warrants directed at third parties	Zurcher v. Stanford Daily (1978)
Knock-and-announce	Wilson v. Arkansas (1995)

Exceptions to warrant requirement

Exigent circumstances	Warden v. Hayden (1967) United States v. Chadwick (1977) Payton v. New York (1980) Welsh v. Wisconsin (1986) Brigham City v. Stuart (2006) Kentucky v. King (2011) Caniglia v. Strom (2021) Lange v. California (2021)
Consent searches	Stoner v. California (1968) Schneckloth v. Bustamonte (1973) United States v. Matlock (1974) Illinois v. Rodriguez (1990) Georgia v. Randolph (2006) Fernandez v. California (2014)
Plain view	Coolidge v. New Hampshire (1971) Arizona v. Hicks (1987) Horton v. California (1990) Minnesota v. Dickerson (1993)
Vehicle searches	Carroll v. United States (1925) Chambers v. Maroney (1970) Arkansas v. Sanders (1979) United States v. Ross (1982) California v. Carney (1985) Florida v. Jimeno (1991) California v. Acevedo (1991) Wyoming v. Houghton (1999) Florida v. White (1999) Collins v. Virginia (2018)
Searches incident to arrest	Trupiano v. United States (1948) United States v. Rabinowitz (1950) Chimel v. California (1969) United States v. Robinson (1973) United States v. Chadwick (1977) New York v. Belton (1981) Knowles v. Iowa (1998) Thornton v. United States (2004) Arizona v. Gant (2009) Riley v. California (2014)
Breathalyzers, blood samples, DNA	Schmerber v. California (1966) Cupp v. Murphy (1973) Missouri v. McNeely (2013) Maryland v. King (2013) Birchfield v. North Dakota (2016) Mitchell v. Wisconsin (2019)
Protective sweeps	Maryland v. Buie (1990)
Inventory searches	Cady v. Dombrowski (1973) South Dakota v. Opperman (1976) Colorado v. Bertine (1987)
Border searches	Almeida-Sanchez v. United States (1973) United States v. Ortiz (1975) United States v. Martinez-Fuerte (1976) United States v. Ramsey (1977) United States v. Montoya De Hernandez (1985) United States v. Flores-Montano (2004)
Checkpoints	Michigan Department of State Police v. Sitz (1990) City of Indianapolis v. Edmond (2000) Illinois v. Lidster (2004)
Students, employees, and patients	New Jersey v. T. L. O. (1985) O'Connor v. Ortega (1987) Skinner v. Railway Labor Executives Ass'n (1989) National Treasury Employees Union v. Von Raab (1989) Vernonia School District 47J v. Acton (1995) Chandler v. Miller (1997) Ferguson v. City of Charleston (2001) Board of Education v. Earls (2002) Safford Unified School District v. Redding (2009) City of Ontario v. Quon (2010)
Property of probationers and parolees	Samson v. California (2006)
Administrative inspections	Frank v. Maryland (1959) Camara v. Municipal Court (1967) City of Los Angeles v. Patel (2015)
Searches in jails and prisons	Bell v. Wolfish (1979) Hudson v. Palmer (1984) Florence v. Board of Chosen Freeholders (2012)
Warrantless arrests	United States v. Watson (1976) Payton v. New York (1980) Welsh v. Wisconsin (1983) County of Riverside v. McLaughlin (1991) Atwater v. City of Lago Vista (2001) Virginia v. Moore (2008)

Seizures

Distinguishing stops and arrests	Dunaway v. New York (1979) Florida v. Royer (1983) United States v. Place (1983)
Seizure of premises awaiting warrant	Illinois v. McArthur (2001)
Detention incident to search	Michigan v. Summers (1981) Muehler v. Mena (2005) Bailey v. United States (2013)
Detention during vehicle stop	Pennsylvania v. Mimms (1977) Rodriguez v. United States (2015)
Excessive force	Tennessee v. Garner (1985) Graham v. Connor (1989) Scott v. Harris (2007) Plumhoff v. Rickard (2014) Mullenix v. Luna (2015) Barnes v. Felix (2025)

Remedies

Exclusionary rule

Origins	Weeks v. United States (1914) Silverthorne Lumber Co. v. United States (1920)
Impeachment exception	James v. Illinois (1990)
Good-faith exception	United States v. Leon (1984) Herring v. United States (2009) Davis v. United States (2011)
Independent source	Murray v. United States (1988)
Inevitable discovery	Nix v. Williams (1984)
Attenuation	Wong Sun v. United States (1963) Utah v. Strieff (2016)
No-knock searches	Hudson v. Michigan (2006)
Habeas corpus review	Stone v. Powell (1976) Kimmelman v. Morrison (1986)

Civil suit

Federal	Bivens v. Six Unknown Named Agents (1971) Egbert v. Boule (2022)
State	42 U.S.C. § 1983 Monroe v. Pape (1961)

Incorporation against States

Unreasonable search and seizure	Wolf v. Colorado (1949) Rochin v. California (1952) Elkins v. United States (1960) Mapp v. Ohio (1961)
Warrant requirements	Ker v. California (1963) Aguilar v. Texas (1964)

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