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District of Columbia v. Little (No. 302 - Oct. term, 1949)

 File — Box: 1, Folder: 27
Identifier: M024.2

Scope and Contents

From the Series:

This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.

Dates

  • Creation: 1945-1957, n.d.

Access Restrictions:

No restrictions.

Full Extent

From the Series: 0.4 Linear Feet

Language of Materials

From the Collection: English

Abstract

Question of whether search warrant required for entry by District Health Inspactor. Dissenting opinion; draft of opinion.

Court, Black J., declines to decide consitutional question (if Fourth Amendment applicable to routine sanitation, building, inspections, each such inspection would necessitate search warrant absent property owner's consent). Majority merely holds refusal of respondent Little to unlock her door at request of Health Officer was not "interference' prohibited by D.C. ordinance. Court therefore affirms reversal of her conviction.

Burton, J., joined by Reed, J., dissents, claiming respondent's active constituted effective interfereence with health inspector. Burton further indicates he would reach constitutional question and would hold search warrant fnot required for such inspections.

Repository Details

Part of the George J. Mitchell Department of Special Collections & Archives, Bowdoin College Library, Brunswick, Maine 04011 Repository

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