Ever wonder how the law adapts to technology that makes it harder or easier for police to search and seize suspected criminals? Orin Kerr posits that an Equilibrium-adjustment exists. "Courts respond to the new facts by trying to restore the old level of protection. If a new technology or practice increased government power, courts ratchet up Fourth Amendment...
Wilkes v. Wood (1763)
John Wilkes was a member of parliament who printed anonymous pamphlets criticizing the King. The king issued a general warrant to discover the creator of these pamphlets. Wood was charged with executing the warrant. The court ruled in favor of Wilkes, stating the power of general warrants is "totally subversive of the liberty of the subject… [and] of the most dangerous consequences." This case, along with Entick, formed the legal background behind the Founders' interpretation of the Fourth Amendment.
More About This Topic...
Click thumbnails below to view links
- Pre-Founding and 18th Century Quotes on the Fourth Amendment
- Entick v. Carrington (1765)
- Massachusetts Constitution of 1780, Pt. 1, Art. 14
- Recovering The Original Fourth Amendment
- Fourth Amendment: Warrants, Searches, and Seizures
- The Founder's Constitution: Amendment IV
- Fourth Amendment: Search and Seizure
- The Framers' Intent: John Adams, His Era, and the Fourth Amendment
- Commentaries on the Laws of England, 3:288, 4:286-90
- Video: The Idea of America