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Foundations

Entick v Carrington: Privacy Rights

1765

"Government agents broke into his home. Ransacked his papers. They had a warrant. The court said: not good enough."

The Full Story

In 1762, government messengers broke into John Entick's home. They spent four hours searching, breaking locks, and seizing papers. Entick was suspected of seditious libel, criticizing the government in print.

The messengers had a warrant from the Secretary of State. They believed this gave them authority. They were wrong.

Entick sued for trespass. The case went to Lord Camden in the Court of Common Pleas. Camden's judgment became one of the most important in English legal history.

The government, Camden ruled, could only do what the law specifically authorized. A general warrant to search anyone's papers was not authorized by any statute or common law precedent. Therefore, it was illegal. The messengers were trespassers.

'If this is law, ' Camden declared, 'it would be found in our books. But no such law ever existed in this country.'

Entick v Carrington established that government power has limits. Officials cannot simply claim authority. They must prove it exists in law. Your home is your castle. Your papers are private. The state needs specific, legal authority to invade them.

When the Americans wrote the Fourth Amendment protecting against unreasonable searches, they cited Entick v Carrington.

Why This Matters

Entick established that the government cannot do whatever it wants. Power must be authorized by law. This principle protects everyone against arbitrary state intrusion.

Primary Sources

Entick v Carrington (1765)
19 St Tr 1029
Court of Common Pleas Records
National Archives CP 40
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