William O. Douglas

“ Stolen or forged papers could be so seized, the Court said; so could lottery tickets; so could contraband; so could property in which the public had an interest, for reasons tracing back to warrants allowing the seizure of stolen property. But the papers or documents fell in none of those categories and the Court therefore held that even though they had been taken under a warrant, they were inadmissible at the trial as not even a warrant, though otherwise proper and regular, could be used 'for the purpose of making search to secure evidence' of a crime. ”

“ Judge Learned Hand stated a part of the philosophy of the Fourth Amendment in United States v. Poller, 2 Cir., 43 F.2d 911, 914:
' (I) t is only fair to observe that the real evil aimed at by the Fourth Amendment is the search itself, that invasion of a man's privacy which consists in rummaging about among his effects to secure evidence against him. If the search is permitted at all, perhaps it does not make so much difference what is taken away, since the officers will ordinarily not be interested in what does not incriminate, and there can be no sound policy in protecting what does. ”

“ One creates a zone of privacy that may not be invaded by the police through raids, by the legislators through laws, or by magistrates through the issuance of warrants.
(2) A second creates a zone of privacy that may be invaded either by the police in hot pursuit or by a search incident to arrest or by a warrant issued by a magistrate on a showing of probable cause. ”

“ Unless they are contraband or instruments of the crime, they may not be reached by any warrant nor may they be lawfully seized by the police who are in 'hot pursuit.' By reason of the Fourth Amendment the police may not rummage around among these personal effects, no matter how formally perfect their authority may appear to be. They may not seize them. If they do, those articles may not be used in evidence. Any invasion whatsoever of those personal effects is 'unreasonable' within the meaning of the Fourth Amendment. ”

“ It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.' Id., at 485-486, 85 S.Ct., at 1682. ”

“ United States that the Fourth and Fifth Amendments protected the person against all governmental invasions 'of the sanctity of a man's home and the privacies of life.' 116 U.S., at 630, 6 S.Ct., at 532. ”

“ As he said, the Fourth Amendment guarantees the right of the people to be secure 'in their persons, houses, papers, and effects, against unreasonable searches and seizures.' Articles of clothing are covered as well as papers. Articles of clothing may be of evidential value as much as documents or papers. ”

“ The list included complaints against the writs of assistance which had been employed by royal officers in their searches for contraband. The Bostonians complained that 'our houses and even our bed chambers are exposed to be ransacked, our boxes, chests, and trunks broke open, ravaged and plundered by wretches, whom no prudent man would venture to employ even as menial servants. ”

“ United States was a forfeiture proceeding under the customs revenue law and the paper held to be beyond the reach of the Fourth Amendment was an invoice covering the imported goods. 116 U.S., at 617-619, 638, 6 S.Ct., at 525-526, 536. And as noted, Gouled v. United States involved a prosecution for defrauding the Government under procurement contracts and the papers held protected against seizure, even under a technically proper warrant, were (1) an unexecuted form of contract between defendant and another person ”