Writs of Assistance

In Massachusetts in 1759, British customs officials got the power to enter any house or warehouse and search it with a court order called a "writ of assistance."  It was unlike what we think of as a warrant today because it did not specify where the search would take place or what was being sought.  With this general warrant, customs officials could go anywhere looking for stolen goods, smuggled goods on which taxes had not been paid, seditious pamphlets or anything else.

In 1761, Boston merchants challenged the renewal of the writ of assistance in superior court.  James Otis represented the merchants in an eloquent speech.

"A man's house is his castle," he said, "and whilst he is quiet, he is as well-guarded as a prince in his castle.  This writ, if it should be declared legal, would totally annihilate this privilege.  Custom-house officers may enter our houses when they please; we are commanded to permit their entry."

The merchants lost their case.  But the writs of assistance led to strong passages about freedom from "unreasonable searches and seizures" being added to the Massachusetts Constitution in 1780 and the US Bill of Rights (Fourth Amendment). 

Read James Otis' speech on the Writs of Assistance: http://www.nhinet.org/ccs/docs/writs.htm