Citizen
Founder's Club Member
Sorry, fellas. I'm almost late with this one.
Today, Feb 24, is the anniversary of a very important date in the history of rights, especially one of the enumerated rights in the Bill of Rights--the Fourth Amendment (search and seizure).
Paxton's case! (googling those two words will bring it up.)
What does this have to do with you? Search and seizure. Being stopped by cops for OC. Being searched by a cop. Cops searching your home. Your friends. Your family.
On this date in 1761, a lawyer named James Otis stepped up in a courtroom in Boston, and argued non-stop for about four hours against Paxton, a custom's agent, who wanted the authority to search anywhere for untaxed goods, where ever he wanted. In the gallery was a young lawyer named John Adams. Fifty years later, Adams said that the flame of liberty was kindled in that courtroom.
It was about Writs of Assistance. A Writ of Assistance--in the case of a king's customs agent--was a general warrant to search where ever he wanted for goods upon which the customs tax had not been paid. And, of course, seize the items he suspected upon which tax had not been paid. It was a general warrant. No probable cause needed. No specificity needed as to the place to be searched of things to be seized. Just the customs agent's say-so. It was called a Writ of Assistance because the customs agent could command the sheriff and other officers, and even members of the public to assist him.
The writs expired with the death of the king--six months after. King George II had died. Paxton wanted a new writ issued. He went to court to get the court to order it be issued to him.
Otis stepped in to argue against it--for almost four hours. He didn't represent a particular person. He did it for his fellow people, for us.
The Fourth Amendment (search and seizure) is almost unique among the enumerated rights. A direct historical line can be traced from the Fourth Amendment back through the proposals for rights from the states, to Adams, to his attendance in that court room. Direct link.
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The foregoing post is heavily paraphrased and comes almost entirely from: Origins of the Bill of Rights, by Leonard Levy, Yale University Press, 1999
Another great book is Origins of the Fifth Amendment: The Right Against Self-Incrimination, Leonard Levy. This book won the Pulitzer Prize in history for 1969 or 1970. Highly readable, Levy's narrative is captivating and informative. After reading this book--available in paperback--you will have a new and deep appreciation of the price paid in blood, smoke, and treasure to wrest this right from government.
Many thanks for the reminder of the anniversary to John Wesley Hall of www.FourthAmendment.com This is a blog worth checking every day. Mr. Hall is an attorney. For the last twelve years or so, he has almost daily culled legal websites for Fourth Amendment cases he thinks important, posting a short summary on his blog with links back to the court opinions. He occasionally comments. When he does, it is incisive. He is definitely a friend of the Fourth Amendment.
Today, Feb 24, is the anniversary of a very important date in the history of rights, especially one of the enumerated rights in the Bill of Rights--the Fourth Amendment (search and seizure).
Paxton's case! (googling those two words will bring it up.)
What does this have to do with you? Search and seizure. Being stopped by cops for OC. Being searched by a cop. Cops searching your home. Your friends. Your family.
On this date in 1761, a lawyer named James Otis stepped up in a courtroom in Boston, and argued non-stop for about four hours against Paxton, a custom's agent, who wanted the authority to search anywhere for untaxed goods, where ever he wanted. In the gallery was a young lawyer named John Adams. Fifty years later, Adams said that the flame of liberty was kindled in that courtroom.
It was about Writs of Assistance. A Writ of Assistance--in the case of a king's customs agent--was a general warrant to search where ever he wanted for goods upon which the customs tax had not been paid. And, of course, seize the items he suspected upon which tax had not been paid. It was a general warrant. No probable cause needed. No specificity needed as to the place to be searched of things to be seized. Just the customs agent's say-so. It was called a Writ of Assistance because the customs agent could command the sheriff and other officers, and even members of the public to assist him.
The writs expired with the death of the king--six months after. King George II had died. Paxton wanted a new writ issued. He went to court to get the court to order it be issued to him.
Otis stepped in to argue against it--for almost four hours. He didn't represent a particular person. He did it for his fellow people, for us.
The Fourth Amendment (search and seizure) is almost unique among the enumerated rights. A direct historical line can be traced from the Fourth Amendment back through the proposals for rights from the states, to Adams, to his attendance in that court room. Direct link.
------
The foregoing post is heavily paraphrased and comes almost entirely from: Origins of the Bill of Rights, by Leonard Levy, Yale University Press, 1999
Another great book is Origins of the Fifth Amendment: The Right Against Self-Incrimination, Leonard Levy. This book won the Pulitzer Prize in history for 1969 or 1970. Highly readable, Levy's narrative is captivating and informative. After reading this book--available in paperback--you will have a new and deep appreciation of the price paid in blood, smoke, and treasure to wrest this right from government.
Many thanks for the reminder of the anniversary to John Wesley Hall of www.FourthAmendment.com This is a blog worth checking every day. Mr. Hall is an attorney. For the last twelve years or so, he has almost daily culled legal websites for Fourth Amendment cases he thinks important, posting a short summary on his blog with links back to the court opinions. He occasionally comments. When he does, it is incisive. He is definitely a friend of the Fourth Amendment.
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