As a response to the intrusive presence of the British forces of
occupation before the American Revolution, the framers of the United States
Constitution took care to be sure that any indigenous government would be
permanently enjoined from imposing itself in unwarranted ways on the
citizenry. "Using a Writ of Assistance, British customs officials were
able to enter any home and search the premises for evidence of customs
violations" (Robinson, 2004) in the years before the Revolution. The
protective amendment to the Constitution written by the colonists has been
a linchpin of the personal freedom Americans have enjoyed ever since. That
protection was embodied in the Fourth Amendment, commonly referred to as
the search and seizures' amendment. It guarantees:
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized. (U.S. Constitution, Fourth
In short, no one can go on a fishing expedition' to see if an
American is doing something unlawful; the authorities must have probable
cause.' Like every significant phrase in the Constitutionâ€"and which of
them is not significant'â€"this phrase has been interpreted through the years
by various courts, including the Supreme Court, of course. Generally,
probable cause' is understood to mean some better reason than "He's a mean
person," or "Her grandmother was a thief, soâ€." Arguablyâ€"and it will be
argued laterâ€"interpretations through the centuries have been fairly strict.
The cause had, in short, better be a darn...