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The Fourth AmendmentOrigins and Original Meaning 602 - 1791$
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William J. Cuddihy

Print publication date: 2009

Print ISBN-13: 9780195367195

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195367195.001.0001

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English Thought on Search and Seizure to 1642

English Thought on Search and Seizure to 1642

(p.3) Chapter 1 English Thought on Search and Seizure to 1642
The Fourth Amendment

William J. Cuddihy

Oxford University Press

“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's methods of search and seizure had begun, and by 1642, Englishmen of diverse backgrounds already assumed that certain methods merited extinction as illegal and illegitimate. This chapter discusses English opinion regarding search and seizure before 1580, English opinion regarding search and seizure, 1580-1642; the structure of English opinion regarding search and seizure, 1580-1642; and the anatomy of Tudor–Stuart opinion on search and seizure, to 1642.

Keywords:   unreasonable search and seizure, English, Elizbethan England, Tudor, Stuart, court records, Parliament

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