Entick v Carrington

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Entick v Carrington (1765) is a landmark English case about protecting individual liberty and limiting government power.

What happened
- In 1762, King’s messengers led by Nathan Carrington broke into John Entick’s home in Stepney, searched every room, and seized 100 charts and 100 pamphlets, causing about £2,000 in damage.
- They acted on orders from Lord Halifax to find the writer(s) of seditious papers. Entick sued for trespass, arguing the search was unlawful.

The case and the ruling
- The trial was in Westminster Hall, with Lord Camden as the judge.
- Camden ruled that Halifax had no lawful authority to issue the warrant. Because no law empowered such a search, Entick’s property was invaded unlawfully.
- A famous line from Camden captures the idea: “If it is law, it will be found in our books.” In other words, government action must be authorized by law.

The principle
- The state may do nothing beyond what is expressly permitted by statute or common law.
- In English law, any invasion of private property is a trespass unless a positive law justifies it.
- This lays down a general rule: the government can act only as the law allows; individuals may do anything the law does not forbid.

Why it matters
- Entick v Carrington established important limits on executive power and is a foundational case in civil liberties.
- It influenced other common-law jurisdictions and helped shape thinking behind the U.S. Fourth Amendment.

Quick facts
- Decided: 2 November 1765
- Court: King’s Bench
- Key figure: Lord Camden, Chief Justice
- Citations: 1765 EWHC J98 (KB); 19 Howell's State Trials 1029; 95 ER 807