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15. Quoted in Hall, vol. 1, p. 7 n. 35.

16. Albert Bushnell Hart, American History Leaflets,

no. 33 (New York: A. Lovell, 1902), p. 1.

17. John Adams, Letter to William Tudor, March 29, 1817,

in The Works of John Adams, ed. Charles Francis Adams

(Boston: Little, Brown, 1856), vol. 10, pp. 247-48.

18. Entick v. Carrington, 19 Howell's State Trials 1029

(C.P. 1765).

19. Marcus v. Search Warrant, 367 U.S. 717, 728 (1961)

(discussing Entick).

20. Entick at 1063, 1072.

21. See Akhil Reed Amar, "The Fourth Amendment, Boston,

and the Writs of Assistance," Suffolk University Law

Review 30 (1996): 65-66.

22. Langguth, p. 23.

23. Marbury v. Madison, 5 U.S. 137, 176 (1803).  As state

constitutions were being written at the time, they, too,

were constitutionalizing common-law principles against

unreasonable searches and seizures.  For a sampling of

early state constitutional provisions pertaining to search-

es, see Neil H. Cogan, ed., The Complete Bill of Rights:

The Drafts, Debates, Sources, and Origins (New York:

Oxford University Press, 1997), pp. 234-35.

After the passage of the Civil War Amendments, state

officials were also constrained by the federal guarantees

set forth in the Bill of Rights.  See Robert J. Reinstein,

"Completing the Constitution: The Declaration of Indepen-

dence, Bill of Rights and Fourteenth Amendment," Temple

Law Review 66 (1993): 361.  The relevant Supreme Court

cases concerning the Fourth Amendment's application to the

states include Wolf v. Colorado, 338 U.S. 25 (1949); and

Mapp v. Ohio, 367 U.S. 643 (1961).

24. Matthew Hale, The History of the Pleas of the Crown

(London: E. and R. Nutt and R. Gosling), vol. 2, pp. 79,

150.

25. Leach v. Three of the King's Messengers, 19 Howell's

State Trials 1001, 1027 (K.B. 1765).  See also Frisbie v.

Butler (1787) (Justice of the Peace "acts judicially" when

he must decide whether a search warrant ought to be grant-

ed), in Ephraim Kirby, Reports of the Cases Adjudged in