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From Justice Robert's majority opinion of Riley v California: Our cases have recognized that the Fourth Amendment was the founding generation’s respons
by pdkl95 11y ago
From Justice Robert's majority opinion of Riley v California:
Our cases have recognized that the Fourth Amendment was the founding
generation’s response to the reviled “general warrants” and “writs
of assistance” of the colonial era, which allowed British officers
to rummage through homes in an unrestrained search for evidence of
criminal activity. Opposition to such searches was in fact one of the
driving forces behind the Revolution itself. In 1761, the patriot
James Otis delivered a speech in Boston denouncing the use of writs
of assistance. A young John Adams was there, and he would later write
that “[e]very man of a crowded audience appeared to me to go away,
as I did, ready to take arms against writs of assistance.” [...]
According to Adams, Otis’s speech was “the first scene of the first
act of opposition to the arbitrary claims of Great Britain. Then and
there the child Independence was born.”