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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 Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760

The Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760

Chapter:
(p.343) Chapter 16 The Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0016

This chapter shows that specific warrants took root in Massachusetts because of events—especially political events—that were peculiar to it. Although the American colonies were settled after the emergence of the English concept of unreasonable search and seizure, only Massachusetts developed the traditional Anglo-British stimulants to further restraint of the search process: violent searches that antagonized key religious or political groups, sudden increases in the number and frequency of violent searches, and prolonged embroilment of those searches in the political process.

Keywords:   search and seizure, colonies, Massachusetts

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