wk405

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Fayetteville Technical Community College *

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1002

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Law

Date

Nov 24, 2024

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docx

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Uploaded by bursei8823

One particular case in the District of Columbia involved a private dwelling with an excessive amount of trash and garbage where a complaint was made to the health department (Handel, 1985). The complaint was investigated by a uniformed health inspector who was accompanied by a police officer. The owner of the property refused to unlock the door and allow admittance because a search warrant was not present. The owner was convicted of a violation of the health law. In this case, the owner was not protected by the Fourth Amendment because of an inspection statute. This statute provided a penalty for any person interfering or preventing any inspection. The Public Health Service Act is responsible forestablishing the federal government’s quarantine authority (CDC, 2020). This act gave the U.S. Public Health Service the responsibility for preventing the introduction, transmission, and spread of communicable diseases from foreign countries into the United States. The Covid-19 pandemic is an excellent example of a pandemic response where orders were issued for public safety and how they were enforced. The United States response to this pandemic began with the restriction of international air travel, closing borders and issuing stay-at-home orders and shelter-in-place orders (White, 2020). The police were chosen to enforce these pandemic restrictions due to violations being considered criminal offenses with fines, arrest and possible jail time making this police business (White, 2020). Although many states controlled their own laws and health departments were doing their part, the police were chosen because of their ability and authority in using force against citizens. The U.S. Constitution and the Public Health Service Act give the government limited legal authority to take measures to prevent the spread of diseases from foreign countries and between states (Cole, 2014). Collectively, these federal laws permit the U.S. government to issue isolation and quarantine orders to persons arriving in the United States and traveling between

states. The police powers of the states to impose restrictions on private rights for the sake of public welfare, order, and security, allows state and local governments to order people into isolation or quarantine for public health purposes. The role of the health department is varied. Ultimately, they keep people healthy. Alongside this role are many laws that can alter the original plan. These laws can both support public health and also hinder their efforts. References LII Legal Information Institute (2020) Fourth Amendment Cornell Law School.https://www.law.cornell.edu/wex/fourth_amendme nt Handal, K. (1985) Health Inspection of Private Dwellingwithout Search Warrant.https://chicagounbound.uchicago.edu/journals .html

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wk405

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