The Early Days of the Right to Privacy

The writs were held for life and could be used against anyone. Because the writs had to be renewed upon the death of the monarch (George II had recently died), several merchants in Boston tried to oppose the re-granting of these writs to local customs officials, including Thomas Lechmere. To obviate...

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Published inExperience : the Magazine of the Senior Lawyers Division, American Bar Association Vol. 30; no. 2; pp. 26 - 27
Main Author Shaw, Thomas J
Format Trade Publication Article
LanguageEnglish
Published Chicago American Bar Association 01.01.2020
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Summary:The writs were held for life and could be used against anyone. Because the writs had to be renewed upon the death of the monarch (George II had recently died), several merchants in Boston tried to oppose the re-granting of these writs to local customs officials, including Thomas Lechmere. To obviate which doubts for the future. be it enacted. such writs of assistance, to authorize and impower the officers of his Majesty's customs to enter and go into any house, warehouse, shop, cellar, or other place, in the British colonies or plantations in America, to search for and seize prohibited or uncustomed goods... shall and may be granted by the said superior or supreme court of justice having jurisdiction within such colony or plantation." The court summarized the actions of the defendants: "with force and arms broke and entered the dwelling-house of the plaintiff. and continued there four hours without his consent and against his will, and all that time disturbed him in the peaceable possession thereof, and broke open the doors to the rooms, the locks, iron bars, etc. thereto affixed, and broke open the boxes, chests, drawers, etc. of the plaintiff in his house, and broke the locks thereto affixed, and searched and examined all the rooms, etc. in his dwelling-house, and all the boxes, etc. so broke open, and read over, pryed into, and examined all the private papers, books, etc. of the plaintiff there found, whereby the secret affairs, etc. of the plaintiff became wrongfully discovered and made public."
ISSN:1054-3473