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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 Legislation Regarding Search and Seizure, to 1760 1

Colonial Legislation Regarding Search and Seizure, to 1760 1

(p.191) Chapter 9 Colonial Legislation Regarding Search and Seizure, to 17601
The Fourth Amendment

William J. Cuddihy

Oxford University Press

This chapter discusses American legislation on search and seizure. American legislation before 1760 illuminated the Fourth Amendment's repudiation of the general warrant in several ways. Colonial statutes revealed that, in rejecting general warrants, the amendment struck at an abuse that was as American as British. Moreover, those laws also indicated why the trend to abolish those warrants did not catch on in the colonies for more than a century after the English had started it.

Keywords:   colonies, colonial law, searches, seizures, New England, New York

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