Details
- Cited by the Supreme Court by Justice Sandra Day O'Connor's as "one of the most exhaustive analyses of the original meaning of the Fourth Amendment ever undertaken." Veronia School Dist. v. Acton 515 U.S. 646, 669 (1995).
- Provides historical context to recent events such as the passage of the USA-Patriot Act, the NSA surveillance program, new surveillance techniques, and the emergence of data mining. There is-and will be for the foreseeable future-extensive attention given to the Fourth Amendment as it is applied to new technologies.
- Traces the American origins of the Fourth Amendment and the history leading up to its ratification, but also explores the origins of the relevant concepts in England.
- Although never published before, this manuscript has been widely cited in journal articles and in judicial opinions.
- The preface has been written by privacy expert Daniel Solove, Professor of Law at George Washington University School of Law.
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.
Readership: Students, scholars, and practitioners interested in the evolution of the Fourth Amendment and search and seizure, from its origins to its present day privacy implications
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
Index
William Cuddihy is an independent scholar living in California.
"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 University"
"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
