Constitutional Law - Search and Seizure - Duty of Home Owner to Permit Housing Inspection Without A Warrant

Authors

Joseph J. Schneider, University of Michigan Law School

Abstract

A Dayton, Ohio, city ordinance authorized housing inspectors to inspect any dwelling, without requiring a search warrant, for the purpose of safeguarding the public health and safety. Acting in compliance with the requirements of this ordinance, city housing inspectors requested admittance to appellant's home in order to conduct a health inspection. Appellant refused to permit the inspectors to enter and inspect his home without a search warrant, and was therefore arrested and confined for violating the ordinance. Discharge of appellant in habeas corpus proceedings was reversed by the Ohio Court of Appeals. On appeal to the United States Supreme Court, held, affirmed by an equally divided Court, Ohio ex rel. Eaton v. Price, 364 U.S. 263 (1960).

Recommended Citation

Joseph J. Schneider, Constitutional Law - Search and Seizure - Duty of Home Owner to Permit Housing Inspection Without A Warrant, 59 Mich. L. Rev. 447 (1961).
Available at: https://repository.law.umich.edu/mlr/vol59/iss3/9