Patients usually present early hours in the morning or after rest following heavy uncustomed
exercise or a high carbohydrate meal.
Compare Drayton, supra note 199, at 10 (describing the power of an officer to "take and carry away, whatever he shall in his pleasure deem uncustomed
goods"), and Father OP Candor, A Letter Concerning Libels, Warrants, the Seizure of Papers, and Sureties for the Peace of Behavior (London, J.
21) The Framers of the Fourth Amendment were concerned with preventing the practice of general warrants used in England, as well as the related writs of assistance in the Colonies, which authorized the Crown's customs officers to rummage through the homes of colonists and seize prohibited or uncustomed goods.
LASSON, supra note 22, at 54 ("The writ [of assistance] empowered the officer and his deputies and servants to search, at their will, wherever they suspected uncustomed goods to be, and to break open any receptacle or package falling under their suspecting eye.
If [the officer] shall have cause to suspect a concealment [of uncustomed
goods], in any particular dwelling-house, store, building, or other place, [he] shall, upon application on oath or affirmation to any justice of the peace, be entitled to a warrant to enter such house, store or other place (in the day time only) and there to search for such goods.
173) According to Davies, "the successful seizure of uncustomed
goods was not enough to justify the house search; the justification for the house search depended on compliance with the writ of assistance.
51) For example, the Act of Frauds of 1662 authorized customs officers "to enter, and go into any House, Shop, Cellar, Warehouse or Room, or other Place, and in Case of Resistance, to break open Doors, Chests, Trunks and other Package, there to seize, and from thence to bring, any Kind of Goods or Merchandize [sic] whatsoever, prohibited and uncustomed
assistance called for the seizure of uncustomed
property, (100) And the
Indeed, the first signer of the Declaration of Independence, John Hancock, was one of America's most prominent smugglers of uncustomed
The smuggling of uncustomed
goods has been a regional problem for years.
I command you to permit me to search your house for uncustomed
goods"; and went on to search the house from the garret to the cellar, and then served the constable in the same manner
181) Analogously in the Fourth Amendment context, we know that some types of general searches and seizures--specifically, those involving the thorough search of the home required to find uncustomed
goods and seditious papers (182) and those that resulted in arrests (183)--were anathema at the time the Constitution was drafted, and that particularized probable cause was the Framer's solution for that problem.