No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear or unquestionable authority of law.

Explanation

(English-origin maxim.) The right of bodily autonomy is the most sacred right at common law — no one may be restrained, searched, or compelled to submit his body without clear and unquestionable authority of law.

Where this applies

• A state attempts to force a patient to undergo a medical procedure against her will, and the court blocks the order because the right to control one's own body is the most sacred right at common law.
• Police officers restrain and search a person on the street without probable cause, and the court rules the stop violated the individual's fundamental right to be free from bodily interference without clear legal authority.
• A school district mandates that students submit to random drug testing without individualized suspicion, and the court strikes the policy because the right to possession and control of one's own person cannot be overridden without unquestionable authority of law.