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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 England Before 1485

Search and Seizure in England Before 1485

Chapter:
(p.27) Chapter 2 Search and Seizure in England Before 1485
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0002

This chapter shows that a concept of unreasonable search and seizure did not emerge until after 1485 because, until then, the practice of search and seizure did not stimulate the concept. Although the searches that pre-Tudor law approved were usually general, it authorized few of them, and even those few did not subject most Englishmen to violent searches of their homes on a regular basis. The structure of English law before 1485 is discussed.

Keywords:   English law, searches, seizures, guild searches, common law

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