CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES

AT

OCTOBER TERM, 1949.

DISTRICT OF COLUMBIA v. LITTLE.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

No. 302. Argued January 11-12, 1950.-Decided February 20, 1950.

Receiving information that respondent's home was in an unsanitary condition, a health officer went there, without a search warrant, for the purpose of inspecting it. Respondent was away and the door was locked; but she returned while the officer was standing outside the door. She protested his right to enter, claiming that it would violate her constitutional rights, and she refused to unlock the door; but she neither used nor threatened force of any kind. She was convicted of violating a District of Columbia regulation making it a misdemeanor to interfere with or prevent the inspection of any building reported to be in an unsanitary condition. Held:

1. Respondent's mere refusal to unlock the door on substantial constitutional grounds was not the kind of interference prohibited by the regulation. Pp. 4-7.

2. The foregoing conclusion makes it unnecessary to decide whether the Fourth Amendment forbade the health officer to enter respondent's home without a search warrant. Pp. 3-4.

85 U. S. App. D. C. 242, 178 F. 2d 13, affirmed on other grounds.

Respondent was convicted of violating a District of Columbia regulation making it a misdemeanor to interfere with or prevent the inspection of a building reported to be in an unsanitary condition. The Municipal Court of Appeals of the District of Columbia reversed on con

1

Opinion of the Court.

339 U.S.

stitutional grounds. 62 A. 2d 874. The Court of Appeals affirmed. 85 U. S. App. D. C. 242, 178 F. 2d 13. This Court granted certiorari. 338 U. S. 866. Affirmed on other grounds, p. 7.

Chester H. Gray argued the cause for petitioner. With him on the brief were Vernon E. West, Lee F. Dante and Edward A. Beard.

By special leave of Court, Anne X. Alpern argued the cause for the National Institute of Municipal Law Officers, as amicus curiae, urging reversal. With her on the brief were John P. McGrath, Ray L. Chesebro, Benjamin S. Adamowski, Alexander G. Brown and Charles S. Rhyne.

Jeff Busby argued the cause and filed a brief for respondent.

MR. JUSTICE BLACK delivered the opinion of the Court. An information was filed against the respondent Geraldine Little in the Municipal Court for the District of Columbia charging that she had interfered with a District Health Department inspector in the performance of his official duties. The evidence showed that respondent had told the health officer, who had no search warrant, not to enter her home to inspect its sanitary condition; she had also refused to unlock her door. She was convicted and fined $25. The Municipal Court of Appeals reversed, holding that the Fourth Amendment's prohibition against unreasonable searches and seizures forbade the health officer to enter respondent's private home without a search warrant. 62 A. 2d 874. The United States Court of Appeals for the District of Columbia Circuit affirmed on the same grounds. 85 U. S. App. D. C. 242, 178 F. 2d 13. The case raises important questions concerning legal provisions for protecting the health of the people by special and periodic inspection