Jump to ContentJump to Main Navigation
The Fourth AmendmentOrigins and Original Meaning 602 - 1791$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 17 January 2019

The Writs of Assistance Controversy, 1761–1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies

The Writs of Assistance Controversy, 1761–1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies

Chapter:
(p.489) Chapter 20 The Writs of Assistance Controversy, 1761–1776: The Awakening of Hostility to General Search and Seizure Throughout the Colonies
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0020

This chapter shows that the changeover from general to specific warrants started in Britain in the 1680s, went far in Massachusetts in the 1750s, and commenced in the other colonies in the 1760s and 1770s. Judicial resistance to the writ of assistance was the first sign that most colonies were following the leads of Massachusetts and Great Britain in substituting specific warrants for general ones as the standard method of search and seizure. The decline of the writ reflected practical considerations as much as ideology and registered a rejection of general search and seizure that varied in scope and strength among the colonies.

Keywords:   Massachusetts, colonies, specific warrant, general warrant, writ of assistance

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .