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References in periodicals archive ?
Hostility against writs of assistance and general searches spread to other colonies with the enforcement of the Townshend Revenue Act of 1767.
The colonies' extensive, violent, and politicized relationship with the general warrants and writs of assistance had created a consensus that general warrants were "the overriding threat to privacy" (p.
Along with a consensus that general warrants, writs of assistance, and multiple specific warrants were unreasonable came agreement that certain techniques of search and seizure were also unreasonable.
53) Furthermore, Davies notes other commentators of the period--John Dickinson, Samuel Adams, and William Henry Drayton--only criticized writs of assistance as they applied to houses.
Cuddihy agrees the home was a primary focus of the Fourth Amendment and that the effects of general warrants and writs of assistance on the home incited the most discussion and discontent (p.
70) For example, in the Writs of Assistance Case, James Otis argued that "[a] man's house is his castle.
In 1761, after public resentment over snooping customs officials and their oppressive search tactics had reached the boiling point, a group of Boston merchants retained attorney James Otis to challenge the legality of the writs of assistance.
57) John Adams, who was in attendance to hear Otis's argument, said that every man in that crowded audience "appeared to me to go away, as I did, ready to take up arms against writs of assistance.
69) But the American patriots who were fighting against the writs of assistance viewed that concession with alarm: It was a dangerous loophole that Parliament could exploit.
First, they clearly intended to prohibit the use of general warrants and writs of assistance as means of law enforcement; and second, in t.
I say I admit that special writs of assistance, to search special places, may be granted to certain persons on oath; but I deny that the writ now prayed for can be granted, to certain persons on oath; but I deny that the writ now prayed for can be granted, for I beg leave to make some observations on the writ itself, before I proceed to other acts of Parliament.