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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 Formation and Original Meaning of the Fourth Amendment, 1787–1791

The Formation and Original Meaning of the Fourth Amendment, 1787–1791

Chapter:
(p.669) Chapter 24 The Formation and Original Meaning of the Fourth Amendment, 1787–1791
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0024

This chapter discusses the development of the Fourth Amendment. Between 1787 and 1791, the interaction of political expediency and a centuries-old legacy against unreasonable search and seizure deposited not only a federal right but a right of unprecedented compass. The Fourth Amendment and its predecessors in the state constitutions shared many words and phrases, but the amendment incorporated the richer conception of unreasonable search and seizure that had evolved since 1782.

Keywords:   search and seizure, Constitutional Convention, bill of rights

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