The History of the 4th Amendment
The 4th Amendment, one of the most contraversial amendments ever drafted, was added to the Bill of Rights on December 15, 1791. The idea of being secure in your home, however, goes back into the Pre-Revolutionary period. Tax bills placed on the colonists drove some to start secret smuggling organizations to counteract the taxation. Once this was discovered, Parliament and the King of England began using writs of assistance to search homes. These writs were basically legal search warrants, but very broad and general, allowing the officials to search for and seize almost anything. The officials did not even need a reason or evidence to search. They could do it simply on whim or suspicion. The tax collectors where even allowed to interrogate the citizens.
The colonists were not happy with these orders from overseas, and in protest, the Massachusetts Legislature passed search and seizure laws in 1756. These new laws outlawed the use of general warrants. Another in protest against the writs was James Otis, ex-Advocate General who resigned from the position because he did support unwarranted search and seizure. He preceded to become the lawyer for a group of merchants suing the government on search and seizure. Around this time Otis gave a famous speech, which some say was "the spark in which originated the American Revolution".
In 1776, George Mason's Virginia Declaration of Rights stated "That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive, and not to be granted." The Constitutional Bill of Rights was largely based off of this document, and this specific passage greatly influenced the 4th amendment.
Finally, on June 8th, 1789, James Madison proposed 20 Amendments to the Constitution. Twelve of them were approved on September 25th, 1789, including the current 4th amendment. Obviously, the first ten of these amendments became the Bill of Rights, and since then the Fourth Amendment has become a constant part of the United States.
The colonists were not happy with these orders from overseas, and in protest, the Massachusetts Legislature passed search and seizure laws in 1756. These new laws outlawed the use of general warrants. Another in protest against the writs was James Otis, ex-Advocate General who resigned from the position because he did support unwarranted search and seizure. He preceded to become the lawyer for a group of merchants suing the government on search and seizure. Around this time Otis gave a famous speech, which some say was "the spark in which originated the American Revolution".
In 1776, George Mason's Virginia Declaration of Rights stated "That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive, and not to be granted." The Constitutional Bill of Rights was largely based off of this document, and this specific passage greatly influenced the 4th amendment.
Finally, on June 8th, 1789, James Madison proposed 20 Amendments to the Constitution. Twelve of them were approved on September 25th, 1789, including the current 4th amendment. Obviously, the first ten of these amendments became the Bill of Rights, and since then the Fourth Amendment has become a constant part of the United States.