The Fourth Amendment

William Cuddihy is an independent scholar living in California.

• 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

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