Daniel Malcom resists an attempt by a customs official to search his home.
September 24, 1766
[10/31] The customs official attempts to search the home near today’s 332 Hanover Street because he suspects that Malcom, a seaman, has violated the Navigation Act by possessing “Brandy Wines and other Liquors” on which he paid no taxes. But Malcom barricades himself in his house, brandishes two pistols (later said to be unloaded), and warns the official that he will “blow his Brains out.” A crowd of Malcolm’s neighborhoods gathers outside in support for the rest of the day, and, since the official’s warrant becomes void at dark, the search is called off. Malcom’s case is later cited as a precedent for establishing protection against “unreasonable search and seizure,” first in the Massachusetts Constitution and later under the Fourth Amendment of the US Constitution.
Sources
- Boston Globe