The colonists had been subject to intrusion into their homes in Europe and had come to the New world to escape that sort of government action. The courts have also developed a variety of case law on this subject, much of it developing specific requirements that have to be met before the government can enter a home and make a search. In fact, any search and seizure, whether in the home, in a car, or of the person, is subject to a number of specific requirements intended to see that the government has a good reason for making such a search, that the government states beforehand what it expects to find, and that a court agree that a search is warranted. In cases where there is no time to go to a court and get a warrant, probable cause is necessary, along with a strong reason as to why a warrant could not be secured in a timely fashion.
In the McSurely case, the government, under the direction of Thomas Ratlif
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