The Fourth Amendment

The Fourth Amendment : Origins and Original Meaning 602 - 1791

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Description

The Fourth Amendment's protection against unreasonable search and seizure provides the bulwark for police regulation and many other government functions in the United States. One of the most controversial rights in the Bill of Rights, this amendment is also among the most frequently adjudicated provisions of constitutional law. Yet its meaning has remained deeply contested, and the story of its origins is largely unknown. This book tells the full story of the Fourth Amendment's complex lineage, including its intellectual roots in England. This book has particular relevance today given the long list of controversial new surveillance measures undertaken by the government in recent years, including the USA Patriot Act and the NSA wiretapping program. The preface has been written by privacy expert Daniel Solove.show more

Product details

  • Hardback | 1008 pages
  • 180 x 258 x 56mm | 1,900.54g
  • Oxford University Press Inc
  • New York, United States
  • English
  • New
  • 0195367197
  • 9780195367195
  • 2,055,850

Review quote

William J. Cuddihy's history of the Fourth Amendment is to search and seizure what the Iliad is to Greek Literature. Epic in scope, Cuddihy's work traces debates over the searching of houses, persons, and effects from 602 to 1791...structured more like a reference work than a standard narrative history, each chapter opens with a table of contents, thesis statement and brief synopsis...Though written for the expert, Cuddihy's work boasts much that will likely be of interest to the generalist as well * Anders Walker, St Louis University, Law and History Review * Anyone who studies Cuddhy's book will emerge with a better understanding of why freedom was central to the Framers' intent. Tracey Maclin & Julia Mirabella of Boston Universityshow more

About William J. Cuddihy

William Cuddihy is an independent scholar living in California.show more

Table of contents

Table of Abbreviations ; Preface ; Introduction ; Part I: The Emergence of the Concept of Unreasonable Search and Seizure, to 1642 ; English Thought on Search and Seizure to 1642 ; Search and Seizure in England Before 1485 ; The English Law of Search and Seizure, 1485-1642 ; The English Practice of Search and Seizure, 1485-1642 ; Part II: The Emergence of the General Warrant as an Unreasonable Search and Seizure ; English Thought on Search and Seizure, 1642-1700 ; The General Warrant in Intellectual and Political Perspective ; Search and Seizure in England, 1642-1700: The Legal Background to the English Critique of General Warrants ; Colonial Thought Respecting Search, Seizure, and the Illegitimacy of General Warrants, to 1760 ; Colonial Legislation Regarding Search and Seizure, to 1760 ; Colonial Search Warrants and Their Enforcement, to 1760, in Relation to the Search Warrant Clause of the Fourth Amendment ; Colonial Searches by the Customs Services of England and Great Britain ; Part III: The Evolution of the Specific Warrant as the Orthodox Method of Search and Seizure, to 1760 ; English and British Advocacy of the Specific Warrant, to 1760 ; English and British Advocacy of the Specific Warrant, to 1760, in Intellectual and Political Perspective ; Search and Seizure in Britain, 1700-1760: The Legal Background to the Specific Warrant Movement ; Search and Seizure in Massachusetts, to 1760: The Statutory Origins of the Fourth Amendment ; The Political Background to the Emergence of the Specific Warrant in Massachusetts ; Paxton's Case ; Part IV: Chapter 18: Developments in Search and Seizure Beyond Search Warrants, to 1760 ; Part V: Developments in Search and Seizure, 1760-1776 ; The Wilkes Cases ; The Writs of Assistance Controversy, 1761-1776 ; Colonial Responses to the Controversies Regarding General Warrants and Writs of Assistance ; Developments in Search and Seizure Beyond Search Warrants, 1761-1776 ; Part VI: The Emergence of the Fourth Amendment, 1776-1791 ; American Search and Seizure, 1776-1787: The Years of Paradox ; The Formation and Original Meaning of the Fourth Amendment, 1787-1791 ; Appendices ; Table of Cases ; Indexshow more

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