The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft

By Samuel Dash | Go to book overview

CHAPTER 4
The Plate-Glass Duty Fraud Case

In order to ascertain the nature of the proceedings intended by the Fourth Amendment to
the Constitution under the term unreasonable searches and seizures, it is only necessary
to recall the contemporary or the recent history of the controversies on the subject, both
in this country and in England
.

Justice Bradley in Boyd v. United States, 1 16 U.S. 616
(1885)

Despite the flame of fire James Otis must have been in his argument against writs of assistance, and which John Adams said sparked the Revolution and freedom, the Bill of Rights’ Fourth Amendment protection against unreasonable searches and seizures did not become an issue before the U.S. Supreme Court until close to one hundred years after the ratification of that crucial amendment. Why was this so?1 Were there no searches and seizures by federal officers during the first hundred years of governance under the new Constitution by the new federal government? Apparently, there were none as occurred in England before the Revolution or as we know them today. The only federal police in the first half of the nineteenth century were U.S. marshals, authorized by Congress in the Federal Judiciary Act of 1789. Very few federal crimes were enacted by a Congress that was extremely sensitive to its limited powers and to the hostility of the states to the federal government’s intrusion into the criminal law enforcement of the states. Congress did not have power to adopt the English common law crimes into federal law. It

-46-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Contents viii
  • Acknowledgments ix
  • Prologue 1
  • Chapter 1 - The Legend of the Magna Carta 11
  • Chapter 2 - Wilkes and Liberty 26
  • Chapter 3 - A Flame of Fire 36
  • Chapter 4 - The Plate-Glass Duty Fraud Case 46
  • Chapter 5 - The Exclusionary Rule 57
  • Chapter 6 - The Case of the [Whispering Wires] 72
  • Chapter 7 - Dolly Mapp 93
  • Chapter 8 - Smothering the Flame 105
  • Chapter 9 - War on Terror: Security and Liberty 132
  • Notes 153
  • Index 165
  • About the Author 173
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 174

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.