Stumbling Toward History: The Framer's Search and Seizure World
Date
2010
Authors
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Volume Title
Publisher
Texas Tech Law Review
Abstract
The goal of this essay is to recover the eighteenth-century world of search and seizure and then to show that the Court has "stumbled" into at least a few categories of Fourth Amendment doctrine that bear a fairly close doctrinal relationship to the Framers' search and seizure world.
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Keywords
Colonial history, English tort "revolution" against George III, Framing-era rules and modern doctrine, Tort damages as a sole remedy for a Fourth Amendment violation, Framing-era search and seizure rules, Tort of trespass, Values protected by common-law search and seizure rules, Primer on trespass by force resulting in harm, Today's court and the framing-era rules
Citation
George C. Thomas III, Stumbling Toward History: The Framer's Search and Seizure World, 43 Tex. Tech L. Rev. 199 (2010-2011)