History of Search and Seizure

Question 1

True or false: In 1538 Henry VIII used harsh search and seizure powers to enforce tax laws

Answer 1

True

Question 2

How were harsh search and seizure powers used after 1538?

Answer 2

To prevent publication of materials objectionable to the crown, using general power to enter premises and seize items at their discretion, to enforce publication licensing statutes.

Question 3

Who was William Pitt, the Elder? (Senior, his son was Junior.)

Answer 3

A British statesman who advocated for the rights of American colonists.

Question 4

What is William Pitts’ famous quote? (1763)

Answer 4

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake, the wind may blow through it, the storm may enter, the rain may enter, but the King of England cannot enter. All his force dares not cross the threshold of the ruined tenement!

Question 5

What did Parliament do in response to Pitts’ stirring words, in 1766?

Answer 5

Banned general search warrants.

Question 6

In the Colonies, what were Writs of Assistance?

Answer 6

They served as general search warrants that did not expire, and allowed customs officials to search anywhere for smuggled goods without having to obtain a specific warrant.

Question 7

True or false - Writs of Assistance required probable cause?

Answer 7

False

Question 8

True or false - Writs of Assistance could be executed at any time, day or night, and anything could be seized.

Answer 8

True

Question 9

True or false - Writs of Assistance required a receipt or inventory, and had an expiration date

Answer 9

False

Question 10

Who was James Otis Jr.?

Answer 10

A Colonial lawyer who represented the Crown. He resigned in 1761 in protest of the Writs of Assistance. He was hired by 63 Boston merchants to oppose the writs.

Question 11

Who said “A man’s home is his castle, and whilst he is quiet, he is as well guarded as a prince in his castle.”?

Answer 11

James Otis Jr.

Question 12

True or false - John Adams referred to James Otis Jr. when he said “Then and there was the child independence born.”

Answer 12

True

Question 13

True or false - before the Constitutional Convention, each colony contained a search and seizure provision

Answer 13

true

Question 14

True or false - the first draft of the Constitution did not contain a Bill of Rights, because it was thought to be unnecessary at first.

Answer 14

true

Question 15

In what year were the first ten amendments added to the Constitution?

Answer 15

1789

Question 16

True or false - the Bill of Rights was ratified by the states in 1791 and contained the fourth amendment.

Answer 16

True

Question 17

True or false - in the past 200 years the wording of the Bill of Rights has changed 3 times.

Answer 17

False. For over 200 years, not a word of the Bill of Rights has changed.

Question 18

True or false

Answer 18

The Bill of Rights forms the bedrock of current Search and Seizure law.