Situations Where Search and Seizure Are Possible Without a Warrant
International human rights law represents an important external reference point for criminalization and procedural provisions.
The 1756 laws outlawed the use of general warrants which had posed a serious problem especially after attempts to enact the Excise Act of 1754. James Otis represented a group of merchants who petitioned the court to examine the issues of general warrants and writs of assistance. Although the court ruled in favor of the law, Otis won the election to the Massachusetts Colonial Legislature where he played a significant role in passing legislation that required writs of assistance to be issued by judges or justices.
Adam M. Gershowitz, The Post-Riley Search Warrant: Search Protocols and Particularly in Cell Phone Searches 69 VANDERBILT L. REV. 585, 596 (2016)
Philip E. Agre and Marc Rotenberg eds., Introduction, TECHNOLOGY AND PRIVACY: THE NEW LANDSCAPE 1 (MIT Press 1997).
Daniel Solove, Understanding Privacy 4 (Harvard University Press 1st ed. 2008).