Evening star., 1950-02-21
Supreme Court Curb
On Health Inspection
Powers Worries D. T.,

The District health inspection
law was regarded as weaker today
after losing Supreme Court
round, and municipal officials
wondered how Congress could
strengthen it.
The court did not rule on the
constitutional question of whether
the search and seizure provisions
of the fourth amendment re-
quired health inspectors to have
warrants.
But it decided, to 2, yesterday
that Mrs. Geraldine Little properly
refused to admit a health inspec-
tor who had no warrant when he
tried to enter her house at 1915
Tenth street NV. in September,
1947. !
The interference" which Mrs.
Little showed on that occasion,
without using or threatening force
was not the sort that made her
guilty of a misdemeanor within
the meaning of the District law.
the majority opinion held. Accord
tngly, the tribunal set aside her
Municipal Court conviction and
$25 fine.
Gray Sees Blow to Law.
But Assistant Corporation Coun-
sci Chester H. Gray, who argued
the case in Supreme Court last
month, considered the decision a
major blow to the inspection sys-
tenn and the constitutionality of
the law itself.
The practical effect of the Su-
preme Court ruling is to affirm the
United States Court of Appeals
decision which declared specific
ally that health inspection of a
mouse without warrant, unless
the owner or occupant consents,
violates the fourth amendment"
he said
Mr.. Gray said he did not know
what Congress could do about it.
There is no such thing as an in
spection search warrant" and
congressional action to provide
some such device might be i'm
possible because of constitutional
difficulties, he explained.
A regular search warrant, ac-
cording to the Constitution, can
be issued only on probable cause
and a description of the place to
be searched and the person or
things to be seized. Mr.. GRAY
said effective, routine, protective
health inspection work could not
be carried on if inspectors had to
describe what they expected to
ind on premises.
Two Uphold Inspection.
Justices Burton and Reed. dis
sentlng from the majority opinion
written by Justice Black, held that
the inspector in the Little case
was performing reasonable and
routine duties for which no search
warrant was necessary.
Justice Black, however, seemed
to have left the door open for
possible strengthening and clari-
hcation of the District provision
for health inspections of private
homes. He cited another District
law containing detailed specific
prohibitions against interference
with condemnation of structures
as health or safety menaces
He noted that the health in
spectlon law does not specifically
prevent "hindering" or refusing
to permit" inspections, nor does
1t contain express language i'm
posing any duty on home own
ers to assist health officers"
While emphasizing that the
case was not decided on the con-
stltutional issue of search and
seizure, Justice Black stated: THE
right of privacy in the home holds
too high place in our system of
laws to justify statutory inter-
probation that would impose a
criminal punishment on one who
does nothing more than Mrs. Lit
tie did here"
In another ruling involving
search and seizure, the court voted
5. to 3 to uphold the right of Fed
eral officers to search premises
and seize materials without
warrant while making an arrest
under warrant.
Stamps Involved in Case
Justice Minton, writing the ma
5ority opinion, approved the ac-
ton of Federal agents in search
Ing the office of Albert Rabino-
W1tz in New York after arresting
him on a warrant charging him
LOST,