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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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Issues Correlative to the Search Warrant, 1761–1776

Issues Correlative to the Search Warrant, 1761–1776

Chapter:
(p.577) Chapter 22 Issues Correlative to the Search Warrant, 1761–1776
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0022

This chapter shows that between 1761 and 1776, Britons and Americans discussed not only specific and general warrants but also the circumstances in which warrants should be issued, if privacy could be expected aboard ships as well as within houses, and the latitude of search that arrest warrants permitted. Although these topics had been considered before, they attracted greater attention in the decade and a half before the American Revolution. The twilight of the colonial period did not produce agreement on those topics, but it did generate a larger palette of ideas concerning them.

Keywords:   colonies, Britain, search warrant, search and seizure, privacy

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