A partial 1799 volume containing Entick’s complete report and its property principle, checked against the English Reports passage quoted in Jones.
Reports of Cases Argued and Adjudged in the King’s Courts at Westminster
George Wilson · Volume 2 · 3d ed. · 1799
2 George Wilson, Reports of Cases Argued and Adjudged in the King’s Courts at Westminster (London, E. & R. Brooke & J. Rider et al., 3d ed. 1799)
Stanford University Law Department copy, identified by the stamp on PDF page 9; digitized by Google Books and supplied by Internet Archive. Original file and digitization marks retained. Internet Archive’s contributor field says unknown library. Partial volume; complete target report present. The linked PDF is Wilson’s 1799 third edition, volume II, a separately identified historical counterpart. Jones cites the later English Reports reprint at 95 Eng. Rep. 817. That exact reporter page, its neighboring pages, and its 1909 title page were separately checked in publicly readable Google Books images. No claim is made that Scalia consulted this 1799 copy. The copy is partial. Printed pages 17 and 136–137 are absent, and some other leaves are cropped or poorly reproduced. The complete Entick report at printed pages 275–292 is present, and the passage at 291 is readable. Original scan defects and page order are preserved. Jones quotes Entick directly for the property rule. Its separate description of Entick’s familiarity to American statesmen comes through Brower v. County of Inyo, 489 U.S. 593, 596 (1989), quoting Boyd v. United States, 116 U.S. 616, 626 (1886). Boyd identifies the longer report in 19 Howell’s State Trials 1029. These are distinct citation chains. Jones is a Fourth Amendment decision, not an Article III standing holding. At 408 n.5, it states that trespass alone does not constitute a search without an attempt to find something or obtain information. The Entick litigation involved entry, a search, and the seizure of papers. The no-further-damage proposition quoted in Jones is a general trespass principle within that discussion, not a finding that Entick suffered no other harm. Internet Archive’s companion OCR is aligned to the 439 PDF pages for search. It frequently misreads long s, names, and page numbers. The original PDF is an image scan with a text layer only on its Google introductory page.
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Use in constitutional interpretation
Antonin Scalia · Opinion of the Court
United States v. Jones, 565 U.S. 400, 404–05, 408 n.5 (2012).
Scalia draws on the rule that unauthorized entry onto another person’s land may be trespass even without further damage. The historical report applies that property principle while rejecting the Secretary of State’s asserted authority to search Entick’s home and seize papers. Jones uses it to construe the Fourth Amendment for physical occupation of property to obtain information.
Read printed 291 →
The linked PDF is Wilson’s 1799 third edition, volume II, a separately identified historical counterpart. Jones cites the later English Reports reprint at 95 Eng. Rep. 817. That exact reporter page, its neighboring pages, and its 1909 title page were separately checked in publicly readable Google Books images. No claim is made that Scalia consulted this 1799 copy.
The copy is partial. Printed pages 17 and 136–137 are absent, and some other leaves are cropped or poorly reproduced. The complete Entick report at printed pages 275–292 is present, and the passage at 291 is readable. Original scan defects and page order are preserved.
Jones quotes Entick directly for the property rule. Its separate description of Entick’s familiarity to American statesmen comes through Brower v. County of Inyo, 489 U.S. 593, 596 (1989), quoting Boyd v. United States, 116 U.S. 616, 626 (1886). Boyd identifies the longer report in 19 Howell’s State Trials 1029. These are distinct citation chains.
Jones is a Fourth Amendment decision, not an Article III standing holding. At 408 n.5, it states that trespass alone does not constitute a search without an attempt to find something or obtain information.
The Entick litigation involved entry, a search, and the seizure of papers. The no-further-damage proposition quoted in Jones is a general trespass principle within that discussion, not a finding that Entick suffered no other harm.
Internet Archive’s companion OCR is aligned to the 439 PDF pages for search. It frequently misreads long s, names, and page numbers. The original PDF is an image scan with a text layer only on its Google introductory page.