First option: There was much theft occurring before the Revolution and unjustified search was the only way to reclaim goods.
The settlers in the "New World" responded to the strict mercantilist policies of the British Crown by smuggling and taking part in illicit trade. The British would attempt to impose revenue laws, but it was unsuccessful until British authorities made use of writs of assistance (general warrants; allowed the bearer to seize any prohibited goods, and etc).
To pass an amendment in Congress both the Senate and the House of representatives must have 2/3 vote to ratify. The amendment can also be ratified by constitutional convention in which the states vote, requiring 28 states to vote yes.