Immigration officers claim sweeping power to enter homes without a judge's warrant, memo says
Federal immigration officers are asserting sweeping power to forcibly enter people's homes without a judge's warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches.
Writs of Assistance were broad search warrants that allowed British customs officials to search property without a court order and force law enforcement officials to help them. In 1761, James Otis challenged the Writs in court, leading John Adams to say, "American Independence was then and there born."
James Otis and the Birth of the American Revolution
The most significant event associated with American resistance to British policies is the 1761 Massachusetts court case of Paxton v. Gray. Following the death of King George II, new Writs of Assistance — search warrants — needed to be issued to British customs officials under the name of King George III.
A group of merchants in Boston believed Writs of Assistance were illegal and filed a lawsuit. They were represented in court by James Otis and Oxenbridge Thacher, who argued the Writs were illegal and infringed on the rights of the merchants.
During the proceedings, Otis delivered a fiery speech that lasted anywhere from four to five hours. One of the key points he made was that homes should be protected from being searched by British customs officials on a whim. He said, "...one of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle..."