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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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The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760

The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760

Chapter:
(p.327) Chapter 15 The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0015

This chapter discusses the evolution of the specific warrant in the colonies. It shows that Colonial Massachusetts, not Great Britain, formulated most of the ideas that formed the specific warrant clause of the Fourth Amendment. The intellectual development of the specific warrant started in England, but by 1760, it had not yet reached the logical terminus of one house or person per warrant under all circumstances. On the whole, moreover, law rejected the specific warrant not only in Britain but in the American colonies. The outstanding exception was Massachusetts, which alone fathomed the full implications of specificity in warrants and translated them into legislation and practice.

Keywords:   British law, specific warrant, Massachusetts, colonies

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