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Administrative Law Keyed to Funk
Camara v. Municipal Court
Citation:
387 U.S. 523 (1967)Facts
In November 1963, an inspector from the Division of Housing Inspection of the San Francisco Department of Public Health attempted to conduct a routine annual inspection of an apartment building. The building manager informed the inspector that Roland Camara was using the rear of his ground floor leasehold as a personal residence, which allegedly violated the building’s occupancy permit. When confronted, Camara refused to allow inspection without a search warrant. After two more unsuccessful attempts to gain entry, a criminal complaint was filed against Camara for violating Section 507 of the Housing Code by refusing to permit a lawful inspection under Section 503. Camara was arrested and released on bail. He then filed a petition for a writ of prohibition, arguing that Section 503 violated the Fourth and Fourteenth Amendments by authorizing warrantless searches without probable cause.
#Issue:
Does the Fourth Amendment prohibit prosecution of a person who has refused to permit a warrantless code enforcement inspection of his personal residence?
#Holding:
Yes, the Fourth Amendment prohibits prosecution for refusing to consent to a warrantless administrative inspection of a private residence, as such inspections are significant intrusions upon Fourth Amendment interests and require a warrant issued upon probable cause.
#Concurring Opinions:
N/A
#Dissenting Opinions:
Justice Clark dissented, arguing that the warrant requirement would hamper necessary code enforcement efforts without providing meaningful protection to citizens.
#Reasoning and Analysis (White):
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