February 5 marks the birth of the American who had the greatest hand in what became the 4th Amendment’s prohibition of unreasonable searches and seizures – James Otis. Unfortunately, “one of the most passionate and effective protectors of American rights” is too-little remembered today. Otis’ efforts applied the celebrated English maxim, “Every man’s house is his castle” – or, as William Pitt said in Parliament in 1763, that “The poorest man may in his cottage bid defiance to all the force of the crown” – to the colonies, in resistance to Crown-created writs of assistance. They were broad...
Who Was the Founding Father of the Fourth Amendment?
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