Frank v. Maryland/Concurrence Whittaker

by Charles Evans Whittaker

United States Supreme Court

359 U.S. 360

Frank  v.  Maryland

 Argued: March 5, 1959. --- Decided: May 4, 1959

Mr. Justice WHITTAKER, concurring.

The core of the Fourth Amendment prohibiting unreasonable searches applies to the States through the Due Process Clause of the Fourteenth Amendment. Wolf v. Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782. I understand the Court's opinion to adhere fully to that principle. And being convinced that the health inspector's request for permission to enter petitioner's premises in midday for the sole purpose of attempting to locate the habitat of disease-carrying rodents known to be somewhere in the immediate area was not a request for permission to make, and that the Code procedures followed did not amount to enforcement of, an unreasonable search within the meaning of the Fourth and Fourteenth Amendments, I join the opinion of the Court.

Mr. Justice DOUGLAS, with whom The CHIEF JUSTICE, Mr. Justice BLACK and Mr. Justice BRENNAN concur, dissenting.

Notes