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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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Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 1760 1

Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 1760 1

Chapter:
(p.175) Chapter 8 Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 17601
Source:
The Fourth Amendment
Author(s):

William J. Cuddihy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367195.003.0008

This chapter discusses American thoughts on search and seizure. Although the legitimacy of general warrants had begun to erode in England by 1642, Americans waited more than a century, until the twilight of the colonial period, to proclaim the illegitimacy of those warrants. The colonists did not incorporate all English concepts on search and seizure instantaneously or automatically. To the contrary, the opinions the colonists professed indicated that they had imported the concept of unreasonable search and seizure but not the concept that general warrants were unreasonable.

Keywords:   search and seizure, general warrants, English law, colonies

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