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Seizure of articles from searches The scope of the seizure rights is, therefore, quite wide and Professor Zander has argued that the insistence, since Entick v Carrington in 1765, that general warrants are unlawful must now be qualified by the knowledge that once the police have entered premises lawfully, it is difficult to hold them to a search restricted to the specific purpose of the search. Entick v Carrington (1765) ER 807, Court of Common Pleas, Lord Camden CJ On 6 November 1762, the Earl of Halifax, one of the principal Secretaries of State, issued a warrant to four King's messengers (Nathan Carrington, James Watson, Thomas Adran and Robert Blackmore), to make strict and diligent search for John Entick, the author, or one concerned in writing of several weekly very seditious papers, entitled the Monitor, or British Free holder...and him, having found you are to seize and apprehend, and to bring, together with his books and papers, in safe custody before me to be examined... '. The messengers entered E's house, the outer door being open, apprehended him, and searched for his books and papers in several rooms and in one bureau, one writing desk and several drawers. Where necessary these were broken open. They seized some books and papers and read others, remaining for about four hours. They then took E and the items seized to Lovel Stanhope, law clerk to the Secretaries of State. E was released on 17 November. He subsequently brought an action in trespass against the messengers. The jury gave a special verdict and assessed the damages at £300. The defendants argued that their acts were done in obedience to a lawful warrant.
DOI link for Seizure of articles from searches The scope of the seizure rights is, therefore, quite wide and Professor Zander has argued that the insistence, since Entick v Carrington in 1765, that general warrants are unlawful must now be qualified by the knowledge that once the police have entered premises lawfully, it is difficult to hold them to a search restricted to the specific purpose of the search. Entick v Carrington (1765) ER 807, Court of Common Pleas, Lord Camden CJ On 6 November 1762, the Earl of Halifax, one of the principal Secretaries of State, issued a warrant to four King's messengers (Nathan Carrington, James Watson, Thomas Adran and Robert Blackmore), to make strict and diligent search for John Entick, the author, or one concerned in writing of several weekly very seditious papers, entitled the Monitor, or British Free holder...and him, having found you are to seize and apprehend, and to bring, together with his books and papers, in safe custody before me to be examined... '. The messengers entered E's house, the outer door being open, apprehended him, and searched for his books and papers in several rooms and in one bureau, one writing desk and several drawers. Where necessary these were broken open. They seized some books and papers and read others, remaining for about four hours. They then took E and the items seized to Lovel Stanhope, law clerk to the Secretaries of State. E was released on 17 November. He subsequently brought an action in trespass against the messengers. The jury gave a special verdict and assessed the damages at £300. The defendants argued that their acts were done in obedience to a lawful warrant.
Seizure of articles from searches The scope of the seizure rights is, therefore, quite wide and Professor Zander has argued that the insistence, since Entick v Carrington in 1765, that general warrants are unlawful must now be qualified by the knowledge that once the police have entered premises lawfully, it is difficult to hold them to a search restricted to the specific purpose of the search. Entick v Carrington (1765) ER 807, Court of Common Pleas, Lord Camden CJ On 6 November 1762, the Earl of Halifax, one of the principal Secretaries of State, issued a warrant to four King's messengers (Nathan Carrington, James Watson, Thomas Adran and Robert Blackmore), to make strict and diligent search for John Entick, the author, or one concerned in writing of several weekly very seditious papers, entitled the Monitor, or British Free holder...and him, having found you are to seize and apprehend, and to bring, together with his books and papers, in safe custody before me to be examined... '. The messengers entered E's house, the outer door being open, apprehended him, and searched for his books and papers in several rooms and in one bureau, one writing desk and several drawers. Where necessary these were broken open. They seized some books and papers and read others, remaining for about four hours. They then took E and the items seized to Lovel Stanhope, law clerk to the Secretaries of State. E was released on 17 November. He subsequently brought an action in trespass against the messengers. The jury gave a special verdict and assessed the damages at £300. The defendants argued that their acts were done in obedience to a lawful warrant.
ABSTRACT
Lord Camden CJ: ... [I]f this point should be determined in favour of the jurisdiction, the secret cabinets and bureaus of every subject in this kingdom will be thrown open to the search and inspection of a messenger, whenever the secretary of state shall think fit to charge, or even to suspect; a person to be the author, printer, or publisher of a seditious libel.