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Time and experience have forcefully taught that the power to inspect dwelling places, either as a matter of systematic area-by-area search or, as here, to treat a specific problem, is of indispensable importance in the maintenance of community health; a power that would be greatly hobbled by the blanket requirement of the safeguards necessary for a search of evidence of criminal acts.

Felix Frankfurter#12

LawRightsHealthPrivacySafety

About this quote

What does it mean?
Inspecting dwellings is crucial for public health, even if it limits legal safeguards meant for criminal searches.
In plain terms
We need to check homes for health reasons, even if it makes criminal searches harder.
What can you take from it?
Public health needs sometimes override strict legal protections.

Where it applies

  • health inspections
  • code enforcement
  • public safety reviews

Putting it to work

  • conduct health checks
  • balance safety and rights
  • define inspection scope

Questions to consider

  • When does public health justify home entry?
  • How do we balance safety and privacy?

Another view

This view may prioritize collective health over individual privacy rights.

More from Felix Frankfurter

  1. Lincoln's appeal to 'the better angels of our nature' failed to avert a fratricidal war. But the compassionate wisdom of Lincoln's first and second inaugurals …

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  2. [C]onvictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cann…

    Permalink to quote #13
  3. Freedom of the press is not an end in itself but a means to the end of [achieving] a free society.

    Permalink to quote #10

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