The historical role of warrants, particularity, and magistrates

posted by
June 23, 2011
The Volokh Conspiracy
by Orin Kerr  
Posted in Commentary

"The Fourth Amendment was enacted in response to a series of historical abuses involving warrants. Back in 18th Century England, the King’s officials were issuing warrants allowing government officials to break into any home and retrieve anything inside that was evidence of disloyalty to the King. These warrants were called 'general warrants' because they did not limit where the police could search and what evidence they could look for and take away. The Fourth Amendment was designed to forbid general warrants ..." (06/23/11)  


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