CREATORS
February 25, 2025
The United Kingdom's greed in the late 17th Century
contributed to what we in America have come to know as the Bill of Rights. At
the time, the British Empire ruled the world. Britain controlled governments in
Africa, Asia and the Americas.
In fact, the British Empire controlled 26 colonies in
the Americas. That's right, Britain's domination in the Americas went beyond
the 13 colonies in North America that would later become the United States.
Britain also controlled settlements in, among other places, Bermuda, Honduras,
Antigua, Barbados and Jamaica.
In Britain, the prevailing economic philosophy of the
17th and 18th centuries was to look to colonies to enrich the "mother
country." To that end, Britain did not want their colonies trading with
other countries. To prevent such trades, the British imposed high
"tariffs" on imported goods.
In return, American colonists began smuggling goods
from other countries into the colonies. In response, Britain began cracking
down on them. The British started utilizing writs of assistance. The writs gave
enormous power and discretion to customs officials.
The writs were general search warrants that never
expired or required a basis for suspicion. They let officials enter the homes
of colonists, at any time for any reason.
The writs, as well as subsequent criminal trials in
admiralty court, without juries, led to rebellion, which in no small part
turned into the revolution that catalyzed independence for the United States of
America.
When it came time to draft a constitution for the new
country, the founding fathers had not shaken off the sting of writs of
assistance. In fact, the Fourth Amendment to the United States Constitution was
written precisely to prevent the new government from running roughshod over its
citizens.
In the words of colonial lawyer and activist James
Otis, "a man's house is his castle," and the Framers sought to
protect those homes and their occupants from unlawful searches and arrests.
The Fourth Amendment reads:
"The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized."
This amendment is among the most sacred safeguards of
individual liberty embedded in the Constitution.
First, the Framers wanted to make clear that people in
this new nation would have a "right" to be secure in their homes and
that their personal papers, either on them or in their homes, would remain
private.
Secondly, the Framers created a plan for maintaining
the security of persons and places. They resolved that a home could not be
entered without securing a warrant. The warrant required by the Fourth
Amendment would be much more than the writs of assistance. Each warrant first
required that it be based on a level of suspicion — not a hunch, but rather
probable cause, a term used in every arrest warrant and search warrant to this
day.
The official seeking the warrant had to attest to its
authenticity and have a neutral magistrate — a judge — sign off.
This is how a burgeoning nation prevented tyranny. The
colonists tasted despotism and did not like it. The Fourth Amendment, in just
54 words, packed a lot of power. Interpreting the breadth and scope of those
words continues in courtrooms around the country every day - as it should.
The work of protecting the rights and privileges of
the U.S. Constitution never ends. America must be vigilant in protecting the
fundament rights that we sometimes take for granted. Imagine an America where
the police, military or government agency could come into your home any time,
day or night, to see what you are doing or who and what you support.
What if the government could scan your phone or
examine your computer in the name of efficiency, or any other reason or ... no
reason at all?
Matthew T. Mangino is of counsel with Luxenberg,
Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010 was
released by McFarland Publishing. You can reach him at www.mattmangino.com and
follow him on Twitter @MatthewTMangino.
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