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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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English Thought on Search and Seizure, 1642–1700

English Thought on Search and Seizure, 1642–1700

(p.105) Chapter 5 English Thought on Search and Seizure, 1642–1700
The Fourth Amendment

William J. Cuddihy

Oxford University Press

This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to identifying the kinds of searches and seizures that were illegitimate. Although English thinkers continued to differ on many aspects of search and seizure, Sir Edward Coke placed the general warrant at the center of the emerging debate on what is now called “unreasonable searches and seizures”. By 1700, many Englishmen assumed not only that some kinds of search and seizure were unreasonable but that general warrants were the foremost kinds that were so.

Keywords:   English law, Sir Edward Coke, general warrant, unreasonable searches and seizures

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