Entick v Carrington (1765)

Court: Court of King’s Bench

Facts: In 1762, messengers under orders from the Secretary of State, the Earl of Halifax, broke into John Entick’s house and seized papers, searching for seditious material. Entick sued for trespass.

Issue: Whether the executive can act outside of statutory or common law authority.

Held: The court ruled in favor of Entick, stating that no legal authority, statute, or precedent justified the warrant or the search.

Key Judicial Statement: Lord Camden held, “If it is law, it will be found in our books. If it is not to be found there, it is not law.”

💡Leveluplaw: This case established a key principle of the rule of law: the state cannot act unless permitted by law. It also set an important limit on executive powers, influencing future constitutional law, including the Fourth Amendment in the U.S. Constitution.