The Fourth Amendment by NH Lawyer Mark Stevens 603-893-0074

The Fourth Amendment to the United States Constitution protects our right to be left alone, our most basic right to privacy. It is also one of the rights that the government tries to intrude upon most frequently. The Fourth Amendment reads as follows:

"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.C.A. Amend. IV.

The adage that "a man's home is his castle" expresses the ideal that a citizen's home is a sanctuary against unwelcome intrusion, including intrusion by the government. In America, this fundamental right was afforded Constitutional standing by the Fourth Amendment. This right has roots more ancient than the Fourth Amendment's birth in the eighteenth century though. The right to privacy in the home can be traced back as far as ancient Rome. Cicero described a Roman citizen's home as "sacred...hedged about by every kind of sanctity." Recorded British cases reveal repeated references to the legal defense of the home against intrusions by the owner's neighbors. In the 1600's, members of British Parliament began to oppose various methods of searches and seizures of the home by the Crown during the enforcement of different taxes and customs duties.

In the beginning of the 17th century English courts protected citizens from entry into the home only against private citizens. By the end of the 17th century though this right had begun to encompass searches by the Crown. (See Semayne's Case, 1604). Entering the 18th century, this "castle doctrine" had morphed into a right to be free from searches by the government that were not governed by statutes or parliamentary acts.

The aversion to intrusions into the privacy rights of citizens also evolved in the American colonies concurrent with the enhancement of privacy rights against the government in England. An influential example of the assertion of this right was Sir William Pitt (the Elder')'s speech on the floor of Parliament on the Excise Bill of 1763:

"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!"

In colonial Massachusetts, patriot James Otis fought against "writs of assistance" in the famous "Paxton's Case". In Paxton's Case, Massachusetts Governor Shirley issued "writs of assistance", which were general warrants, to customs officers to search whoever or whatever they wanted to search. Otis argued in his brief that "the freedom of one's house" was "one of the most essential branches of English liberty" and that the general writs of assistance would serve to totally annihilate that liberty. Paxton's case was a forerunner to the Fourth Amendment.

More on the history and origins of the Fourth Amendment will follow in future revisions to this page.

Mark Stevens

New Hampshire DWI laws and New Hampshire DWI case highlights involving Driving While Intoxicated (DWI), Driving Under the Influence ("DUI"), Operating Under the Influence ("OUI"), Aggravated DWI and Boating under the Influence ("BUI") cases by New Hampshire DWI defense lawyer Mark Stevens. If you have been arrested for DWI, DUI, OUI or BWI in New Hampshire, call for free initial consultation and case evaluation for your DWI, DUI, OUI or Boating While Intoxicated case:
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Salem, NH 03079
603-893-0074
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