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discntnt_irny_srcsm

(18,657 posts)
2. The "particularity requirement"
Tue Aug 20, 2013, 01:37 PM
Aug 2013

This requirement decided applicability to current search warrants.

In response to the much-hated general writs, several of the colonies included a particularity requirement for search warrants in their constitutions when they established independent governments in 1776; the phrase "particularity requirement" is the legal term of art used in contemporary cases to refer to an express requirement that the target of a search warrant must be "particularly" described in detail. Several years later, the Fourth Amendment to the United States Constitution also contained a particularity requirement that outlawed the use of writs of assistance (and all general search warrants) by the federal government. Later, the Bill of Rights was incorporated against the states via the Fourteenth Amendment, and writs of assistance were generally proscribed.


http://en.wikipedia.org/wiki/Writs_of_assistance

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The surveillance quagmire [View all] discntnt_irny_srcsm Aug 2013 OP
The whole issue of the Bill of Rights needs to be revisited-- Jackpine Radical Aug 2013 #1
The changes needed discntnt_irny_srcsm Aug 2013 #3
The "particularity requirement" discntnt_irny_srcsm Aug 2013 #2
An update: discntnt_irny_srcsm Aug 2013 #4
Latest Discussions»General Discussion»The surveillance quagmire»Reply #2