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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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Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause

Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause

Chapter:
(p.295) Chapter 14 Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0014

This chapter shows that although the specific warrant was among the fixtures of British law by 1760, its standing within that law also defined the limitations of Britain's contribution to the specific warrant clause of the Fourth Amendment. Specific warrants were, essentially, an attractive idea with which British law flirted but which it did not yet endorse. Yet the very idea was a blueprint for later constitutional development. When Americans translated the specific warrant into statutory and constitutional realities, they did so along intellectual paths that Britons had illuminated for them.

Keywords:   British law, searches, seizures, specific warrant

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