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250th anniversary of Otis's Writs of Assistance argument in Paxton's Case

By John Wesley Hall, Jr.

Today is the 250th anniversary of James Otis’ argument at the Boston Old State House against the writs of assistance in Paxton’s Case, heard Tuesday, February 24, 1761. (See this prior post from 2006). According to John Adams (see prior link), the issues and presentation in this writs of assistance case led to the adoption of the Fourth Amendment in 1791. Otis apparently was the first to say it in an American courtroom. Also for further reading is the excellent M. H. Smith, The Writs of Assistance Case (University of California Press, 1978). This is only full-length book on Paxton's case, and it reprints many original documents. It is, of course, out of print, but it can be obtained from used booksellers (see here). I got a copy years ago for $25...continue to full post

Full post as published by Fourth Amendment on February 24, 2011 (boomark / email).