boyd argued decided february smith clarke plaintiffs error sol goode defendant error bradley information filed district attorney district southern district new york july cause seizure forfeiture property cases plate glass seized collector forfeited twelfth section amend customs revenue laws passed june st declared section owner importer consignee shall intent defraud revenue make attempt make entry imported merchandise means fraudulent false invoice affidavit letter paper means false statement written verbal shall guilty willful act omission means whereof shall deprived lawful duties portion thereof accruing upon merchandise portion thereof embraced referred invoice affidavit letter paper statement affected act omission shall offense fined sum exceeding less imprisoned time exceeding two years addition fine merchandise shall forfeited charge goods question imported port new york subject payment duties owners agents said merchandise person unknown committed alleged fraud described words statute plaintiffs error entered claim goods pleaded become forfeited manner form alleged trial cause became important show quantity value glass contained cases previously imported district attorney offered evidence order made district judge fifth section act june directing notice seal given claimants requiring produce invoice cases claimants obedience notice objecting validity constitutionality law produced invoice offered evidence district attorney objected reception ground suit forfeiture evidence compelled claimants also statute far compels production evidence used claimants unconstitutional void evidence received trial closed jury found verdict condemning cases glass seized judgment forfeiture given judgment affirmed circuit decision review question raised upon order production claimants invoice cases glass proceedings thereon important one determination present case grave question constitutional law involving personal security privileges immunities citizen set forth order large title term reads follows america cases plate glass attorney ern district new york filed written motion action showing said action suit proceeding criminal arising customs revenue laws penalties pending undetermined belief certain invoice paper belonging control claimants herein tend prove certain allegations set forth said written motion hereto annexed made behalf said action invoice union plate glass company agents covering cases plate glass marked imported liverpool england port new york vessel baltic entered boyd sons office collector customs port collection district aforesaid april entry therefore virtue power said vested section act june entitled act amend customs revenue laws repeal moieties ordered notice seal signed clerk thereof issued claimants requiring produce invoice paper aforesaid thereof building city new york october eleven thereafter times shall appoint said attorney assistants persons shall designate shall allowed direction presence attorneys claimants shall attend make examination said invoice paper take copies thereof claimants agents attorneys shall subject order custody invoice paper except pending examination fifth section act june order made following words suits proceedings criminal arising revenue laws attorney representing government whenever belief business book invoice paper belonging control defendant claimant tend prove allegation made may make written motion particularly describing book invoice paper setting forth allegation expects prove thereupon suit proceeding pending may discretion issue notice defendant claimant produce book invoice paper day hour specified said notice together copy said motion shall served formally defendant claimant marshal delivering certified copy thereof otherwise serving original notices suit served defendant claimants shall fail refuse produce book invoice paper obedience notice allegations stated said motion shall taken confessed unless failure refusal produce shall explained satisfaction produced said attorney shall permitted direction make examination examination defendant claimant agent may present entries said book invoice paper relate tend prove allegation aforesaid may offer evidence behalf owner said books papers agent attorney shall subject order custody except pending examination aforesaid section passed lieu second section act march entitled act regulate disposition proceeds fines penalties forfeitures incurred laws relating customs purposes section said statute authorized district judge complaint affidavit fraud revenue committed person interested engaged importation merchandise issue warrant marshal enter premises invoices books papers deposited relating merchandise take possession books papers produce said judge subject order allowed examined collector subject order allowed deem necessary law force time revision incorporated sections revised statutes section last recited passed lieu seventh section act march entitled act prevent punish frauds upon revenue etc seventh section act substance second section act except warrant directed collector instead marshal first legislation kind ever appeared statute book seen date adopted period great national excitement powers government subjected severe strain protect national existence clauses constitution contended laws repugnant fourth fifth amendments fourth declares right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized fifth article among things declares person compelled criminal cace witness produce declares contended whatever might alleged constitutionality acts order present case made free constitutional objection authorize search seizure books papers requires defendant claimant producethem declares produce allegations affirmed prove shall taken confessed tamount compelling production prosecuting attorney always sure state evidence expected derived strongly case admit true certain aggravating incidents actual search seizure forcible entry man house searching among papers wanting extent proceeding act mitigation authorized former acts accomplishes substantial object acts forcing party evidence opinion therefore compulsory production man private papers establish criminal charge forfeit property within scope fourth amendment constitution cases search seizure material ingredient effects sole object purpose search seizure principal question however remains considered search seizure equivalent thereto compulsory production man private papers used evidence proceeding forfeit property alleged fraud revenue proceeding purpose search seizure within meaning fourth amendment constitution legitimate proceeding contended counsel government legitimate proceeding sanctioned long usage authority judicial decision doubt long usage acquiesced courts goes long way prove plausible ground reason law historical facts imposed particular construction law favorable usage maxim consuetudo est optimus interpres legum another maxim contemporanea expositio est optima et fortissima lege find long usage contemporary construction constitution justify acts congress consideration stated act first act country might say either country england far able ascertain authorized search seizure man private papers compulsory production purpose using evidence criminal case proceeding enforce forfeiture property even act obnoxious writs assistance go far authorized examination ships vessels persons found therein purpose finding goods prohibited imported exported duties paid enter search suspected vaults cellars warehouses goods search seizure stolen forfeited goods goods liable duties concealed avoid payment thereof totally different things search seizure man private books papers purpose obtaining information therein contained using evidence two things differ toto coelo one case government entitled possession property seizure stolen goods authorized common law seizure goods forfeited breach revenue laws concealed avoid duties payable authorized english statutes least two centuries past like seizures authorized revenue acts commencement government first statute passed congress regulate collection duties act july contains provisions effect act passed congress proposed adoption original amendments constitution clear members body regard searches seizures kind embraced within prohibition amendment also supervision authorized exercised officers revenue manufacture custody excisable articles entries thereof books required las kept inspection necessarily excepted category unreasonable searches seizures also laws provide search seizure articles things unlawful person possession purpose issue disposition counterfeit coin lottery tickets implements gambling within category com dana metc many things character might enumerated entry upon premises made sheriff officer law purpose seizing goods chattels virtue judicial writ attachment sequestration execution within prohibition fourth fifth amendment clause constitution examination defendant oath ineffectual execution purpose discovering secreted property credits applied payment judgment obnoxious amendments examined care manifest total unlikeness official acts proceedings consideration case stolen goods owner stolen entitled possession case excisable dutiable articles government interest payment duties thereon duties paid right keep observation pursue drag concealment case goods seized attachment execution creditor entitled seizure satisfaction debt examination defendant oath obtain discovery concealed property credits proceeding merely civil effect ends justice chancery direct bill discovery whereas proceeding consideration attempts extort party private books papers make liable penalty forfeit property order ascertain nature proceedings intended fourth amendment constitution terms searches seizures necessary recall contemporary recent history controversies subject country england practice obtained colonies issuing writs assistance revenue officers empowering discretion search suspected places smuggled goods james otis pronounced worst instrument arbitrary power destructive english liberty fundamental principles law ever found english law book since placed liberty every man hands every petty officer february boston famous debate occurred perhaps prominent event inaugurated resistance colonies oppressions mother country said john adams first scene first act opposition arbitrary claims great britain child independence born things events took place england immediately following argument writs assistance boston fresh memories achieved independence established form government period north briton started john wilkes april house commons passed resolutions condemnatory general warrants whether seizure persons papers occurred bitter controversy english government wilkes latter appeared champion popular rights indeed pioneer contest resulted abolition grievous abuses gradually crept administration public affairs prominent principal among practice issuing general warrants secretary state searching private houses discovery seizure books papers might used convict owner charge libel certain numbers north briton particularly bold denunciation government esteemed heinously libelous authority secretary warrant wilkes house searched papers indiscriminately seized outrage sued perpetrators obtained verdict wood one party made search lord halifax secretary state issued warrant case however always celebrated occasion lord camden memorable discussion subject entick carrington three king messengers reported length tr action trespass entering plaintiff november breaking open desks boxes searching examining papers jury rendered special verdict case twice solemnly argued bar lord camden pronounced judgment michaelmas term law expounded regarded settled time great judgment occasion considered landmarks english liberty welcomed applauded lovers liberty colonies well mother country regarded one permanent monuments british constitution quoted english authorities subject present every american statesman revolutionary formative period nation undoubtedly familiar monument english freedom considered true ultimate expression constitutional law may confidently asserted propositions minds framed fourth amendment constitution considered sufficiently explanatory meant unreasonable searches seizures think therefore pertinent present subject discussion quote somewhat largely celebrated judgment describing power claimed secretary state issuing general manner executed lord camden says power therefore one naturally expect law warrant clear proportion power exorbitant law found books found law great end men entered society secure property right preserved sacred incommunicable instances taken away abridged public law good whole cases right property set aside positive law various distresses executions forfeitures taxes description wherein every man common consent gives right sake justice general good laws england every invasion private property ever minute trespass man set foot upon ground without license liable action though damage nothing proved every declaration trespass defendant called upon answer bruising grass even treading upon soil admits fact bound show way justification positive law justified excused justification submitted judges look books see justification maintained text statute law principles common law excuse found produced silence books authority defendant plaintiff must judgment according reasoning incumbent upon defendants show law seizure warranted done trespass owner goods chattels dearest property far enduring seizure hardly bear inspection though eye laws england guilty trespass yet private papers removed erried away secret nature goods aggravation trespass demand considerable damages respect written law gives magistrate power safely answer none therefore much us without authority pronounce practice legal subversive comforts society though maintained direct law yet bears resemblance urged known case search seizure stolen goods answer difference apparent one permitted seize goods placed hands public officer till felon conviction shall entitle restitution party property seized without conviction power reclaim goods even innocence declared acquittal case searching stolen goods crept law imperceptible practice less person lord coke denied legality inst therefore two cases resembled right without act parliament adopt new practice criminal law never yet allowed antiquity observe caution law proceeds singular case must full charge upon oath theft committed owner must swear goods lodged place must attend execution warrant show officer must see answer description said law much circumspection guarded case stolen goods mischief likewise case protect subject adding proper checks require proofs beforehand call servant stand overlook require take exact inventory deliver copy answer precautions long since established law power legal want undeniable argument legality thing showing general warrants search seizure papers originated star chamber never advocates westminster hall except chief justice scroggs associates lord camden proceeds add urged argument utility search means detecting offenders discovering evidence wish cases shown law forceth evidence owner custody process process papers civil causes often tried never prevailed nay adversary force fraud got possession proper evidence way get back action criminal law proceeding never heard yet crimes instance murder rape robbery say nothing forgery perjury atrocious libeling law provided cases help forward conviction whether proceedeth gentleness law towards criminals consideration power pernicious innocent useful public say certain law obligeth man accuse necessary means compelling falling upon innocent well guilty cruel unjust seem search evidence disallowed upon principle innocent confounded guilty observations lordship concluded thus taken notice everything urged upon present point upon whole opinion warrant seize carry away party papers case seditious libel illegal void principles laid opinion affect essence constitutional liberty security reach concrete form case adventitious circumstances apply invasions part government employes sanctity man home privacies life breaking doors rummaging drawers constitutes essence offense invasion indefeasible right personal security personal liberty private property right never forfeited conviction public offense invasion sacred right underlies constitutes essence lord camden judgment breaking house opening boxes drawers circumstances aggravation forcible compulsory extortion man testimony private papers used evidence convict crime forfeit goods within condemnation judgment regard fourth fifth amendments run almost doubt fourth fifth amendments constitution penned adopted language lord camden relied expressing true doctrine subject searches seizures furnishing true criteria reasonable character seizures men proposed amendments light lord camden opinion put hands law like march march recited approved fifth section act june adopted substitute previous laws seems us question admit doubt never approved struggles arbitrary power engaged years deeply engraved memories allowed approve insidious disguises old grievance deeply abhorred views first congress question compelling man produce evidence may inferred remarkable section judiciary act fifteenth section act introduced great improvement law procedure substance found section revised statutes section originally enacted follows said courts shall power trial actions law motion due notice thereof given require parties produce books writings possession power contain evidence pertinent issue cases circumstances might compelled produce ordinary rules proceeding chancery plaintiff shall fail comply order produce books writings shall lawful courts respectively motion give like judgment defendant cases nonsuit defendant shall fail comply order produce books writings shall lawful courts respectively motion aforesaid give judgment default restriction proceeding circumstances parties might compelled produce books writings ordinary rules proceeding chancery shows wisdom congress chancery generations weighing balancing rules observed granting discovery bills filed purpose endeavor fix upon best secure ends justice go beyond point gone may well thought hazardous elementary knowledge one cardinal rule chancery never decree discovery might tend convict party crime forfeit property compulsory discovery extorting party oath compelling production private books papers convict crime forfeit property contrary principles free government abhorrent instincts englishman abhorrent instincts american may suit purposes despotic power abide pure atmosphere political liberty personal freedom proper observe objectionable features acts brought attention congress passed act obviate act february entitled act protection certain cases persons making disclosures parties testifying witnesses substance incorporated section revised statutes enacted answer pleading party discovery evidence obtained means judicial proceeding party witness foreign country shall given evidence manner used party witness property estate proceeding officer respect crime enforcement penalth forfeiture reason act omission party witness act abrogated repealed objectionable part act force deprived government officers convenient method afforded getting evidence suits forfeiture probably reason fifth section act afterwards passed doubt supposed new form couched almost language fifteenth section old judiciary act except leaving restriction cases chancery decree discovery free constitutional objection think made appear result attained law though speciously worded still obnoxious prohibition fourth amendment constitution well fifth thought respectable members profession two acts pari materia might construed together restrict operation latter cases forfeiture construction two acts obviate necessity declaring act unconstitutional act intended revisory act subject revenue frauds prosecutions therefor expressly repeals second section act repeal act expressly excepts criminal suits proceedings except suits penalties forfeitures hardly admissible consider act influence construction act purposes discussion must regard fifth section latter act independent act reverting peculiar phraseology act information present case founded deal act expressly excludes criminal proceedings operation though embracing civil suits penalties forfeitures information technically criminal proceeding neither therefore within literal terms fifth amendment constitution within literal terms fourth relieve proceedings law obnoxious prohibitions either think think within spirit already noticed intimate relation two amendments throw great light searches seizures condemned fourth amendment almost always made purpose compelling man give evidence criminal cases condemned fifth amendment compelling man criminal case witness condemned fifth amendment throws light question search seizure within meaning fourth amendment unable perceive seizure man private books papers used evidence substantially different compelling witness think within clear intent meaning terms also clearly opinion proceedings instituted purpose declaring forfeiture man property reason offenses committed though may civil form nature criminal case ground forfeiture declared twelfth section act information based consists certain acts frand committed public revenue relation imported merchandise made criminal statute declared offender shall fined exceeding less imprisoned exceeding two years addition fine merchandise shall forfeited penalties affixed criminal acts forfeiture sought suit one indictment presented claimants upon conviction forfeiture goods included judgment government prosecutor elects waive indictment file civil information claimants civil form device take proceeding criminal aspect deprive claimants immunities citizens extort production private papers alternative confession guilt information though technically civil proceeding substance effect criminal one showing close relation civil criminal proceedings statute cases may refer recent case coffey ante decided acquittal criminal information good plea bar civil information forfeiture goods arising upon acts therefore suits penalties forfeitures incurred commission offenses law quasi criminal nature think within reason criminal proceedings purposes fourth amendment constitution portion fifth amendment declares person shall compelled criminal case witness opinion compulsory production private books papers owner goods sought forfeited suit pelling witness within meaning fifth amendment constitution equivalent search unreasonable search meaning fourth amendment though proceeding question divested many aggravating incidents actual search seizure yet said contains substance essence effects substantial purpose may obnoxious thing mildest least repulsive form illegitimate unconstitutional practices get first footing way namely silent approaches slight deviations legal modes procedure obviated adhering rule constitutional provisions security person property liberally construed close literal construction deprives half efficacy leads gradual depreciation right consisted sound substance duty courts watchful constitutional rights citizen stealthy encroachments thereon motto obsta principiis doubt legislative body actuated motives vast accumulation public business brought sometimes prevents first presentation noticing objections become developed time practical application objectionable law several decisions circuit district courts sustaining constitutionality law consideration well prior laws principal stockwell cliff platt ben hughes blatchf mason biss three tons coal id distillery id first leading case stockwell decided justice clifford judge shepley law discussion justice clifford delivered opinion relied principally upon collection statutes authorized seizure goods liable duty contemporaneous exposition amendments furnishing precedents analogous laws complained already considered bearing laws subject discussion unnecessary say anything relation learned justice seemed think power institute searches seizures act authorized necessary efficient collection revenue greater objection taken warrant search books invoices papers appertaining illegal importation one authorizing search imported goods concluded guarded new provision scarcely possible citizen ground complaint seems us considerations fail meet serious objections validity law cases followed stockwell precedent less independant discussion subject case platt boyd decided district southern district new york also act opinion case quite elaborate one course previous decision circuit stockwell case governing influence district cases referred fifth section act case hughes came first judge blatchford district ben action debt recover penalty customs act judge held fifth section act application suits penalties incurred passage act ex post facto law therefore unconstitutional void granted order pro forma produce books papers required order objection might come offer give evidence produced obedience order offered evidence district attorney admitted district attorney served upon one defendants subpoena duces tecum requiring produce books papers declined moved order compel produce refused make order books papers referred seized act returned defendants stipulation produce trial defendants relied unconstitutionality laws act referred prohibited evidence obtained party judicial proceeding used prosecution crime penalty forfeiture judgment rendered defendant case carried circuit writ error justice hunt held act referred personal testimony discovery obtained party witness books papers wrested constitutionality law merely referred case stockwell judgment district reversed view already said think unnecessary make special observations decision mason judge blodgett took distinction proceeding rem forfeiture parties required proceeding act testify furnish evidence suit property owner property admitted claimant see force distinction assent proposition proceeding effect proceeding owner property well goods breach laws proved establish forfeiture property sought forfeited require owner produce private books papers order prove breach laws thus establish forfeiture property surely compelling furnish evidence words great judge goods offend forfeit unlade pay duties like men whose goods remaining case decided courts shall advert distillery case judge gresham adds view judge blodgett mason suggestion proceeding rem owner party might compelled subpoena duces tecum produce books papers like witness warrant notice search seizure act nothing say better satisfied supposed solution difficulty assumption owner may cited witness proceeding forfeit property seems us gratuitous begs question issue witness well party protected law compelled give evidence tends criminate subject property forfeiture queen newel parker greenl ev said although owner goods sought forteited proceeding rem nominal party nevertheless substantial party suit certainly making claim defense case like present entitled privileges appertain person prosecuted forfeiture property reason committing criminal offense find nothing decisions change views relation principal question issue think notice produce invoice case order virtue issued law authorized order unconstitutional void inspection district attorney said invoice produced obedience said notice admission evidence erroneous unconstitutional proceedings opinion therefore judgment circuit reversed cause remanded directions award new trial ordered miller concur judgment reversing circuit much opinion holds fifth section act void applicable present case opinion criminal case within meaning clause fifth amendment contitution declares person compelled criminal case witness quite satisfied effect act congress compel party order served witness order statute effect subpoena duces tecum though penalty witness failure appear criminating papers fine imprisonment one may made severe namely charges criminal nature taken confessed made foundation judgment within protection constitution intended compelling person witness think quite clear reason assume action requiring party produce certain papers evidence trial authorizes unreasonable search seizure house papers effects party fact search seizure authorized statute order made requires permits anything service notice party suit may mistake effect statute power exercised give section verbatim suits proceedings criminal arising revenue laws attorney representing government whenever belief business book invoice paper belonging control defendant claimant tend prove allegation made may make written motion particularly describing book invoice paper setting forth allegation expects prove thereupon suit proceeding pending may discretion issue notice defendant claimant produce book invoice paper day hour specified said notice together copy said motion shall served formally defendants claimant marshal delivering certified copy thereof otherwise serving original notice suit served defendant claimant shall fail refuse produce book invoice paper obedience notice allegations stated said motion shall taken confessed unless failure refusal produce shall explained satisfaction produced said attorney shall permitted direction make examination defendant claimant agent may entries said book invoice paper relate tend prove allegation aforesaid may offer evidence behalf owner said books papers agent attorney shall subject order custody except pending examination aforesaid nothing nature search hinted seizure party required time part custody papers produced produced attorney permitted direction make examination presence claimant may offer evidence entries books invoices papers relate issue act careful say owner said books papers agent attorney shall subject order custody except pending examination aforesaid fourth amendment says right people secure persons houses papers effects unreasonable searches seizures shall violated warrant shall issue upon probable cause supported oath affirmation particularly describing place searched person thing seized things forbidden two search seizure searches seizures forbidden unreasonable reasonable searches therefore may allowed thing sought found may seized search statute authorize mere service notice produce paper used evidence party obey chooses search change taken place meaning words come within reading think unknown time constitution made searches meant constitution led seizure search successful statute case uses language carefully framed forbid seizure already pointed framers constitution attention drawn doubt abuses power searching private houses seizing private papers practiced england obvious intended restrain abuse abolish power hence unreasonable searches seizures forbidden means securing protection abolishing searches warrants called general warrants authorized searches place thing forbidden searches founded affidavits made warrants described thing searched person place searched still permitted conceive statute aptly framed require production evidence suit mere service notice party evidence possession held authorize unreasonable search seizure seizure authorized permitted statute requested say chief justice opinion footnotes fed car ii car car ii geo geo iii geo iii etc see article burn williams passim evans cooley const lim full interesting account discussion found works john adams vol appendix pp vol pp quincy reports pp see paxton case id argued november year elaborate history writs assistance given appendex quincy reports referred written horace gray member see may const hist england broom const law cox inst eng gov see searches seizures story const notes cooley const lim sedgw const law ed whart com amer law robinson richardson gray years later similar act passed england act vict see poll prod doc see poll prod doc law lib vaughan sheppard gosnold vaughan approved parker mitchell torup parker