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Other Pre-Fourth Amendment Sources of the Exclusionary Rule |
Entick v. Carrington, English Court of Common Pleas, 1765 Published in Hargrave's State Trials, 4th ed. One of the most famous cases in Anglo-American history, which America's Founding Fathers knew well, called for the exclusion of illegally seized evidence. |
Lord Temple's Letter on the Seizure of Papers U.S. library holdings of this 1763 This pamphlet, purportedly written by a prominent member of the House of Lords, stated exclusion was required to remedy search and seizure violations. Any court precedents holding otherwise, wrote Temple, were rendered during the despotic Stuart regimes. |
Father of Candor's A Letter Concerning Libels, Warrants, the seizure of Papers U.S. Library holdings of this 1765 pamphlet The British author "Father of Candor" (real name unknown) wrote and published hundreds of copies of a pamphlet promoting the exclusion of illegally seized evidence and linking search and seizure principles with silence rights. |
Table 3 lays out the known U.S. library holdings of another tract, a brief pamphlet authored by Sir. William Merideth entitled A Reply to the Defence of the Majority. Like the Father of Candor pamphlet, Merideth's Reply boldly asserted that exclusion of evidence was the applicable remedy in cases of illegal search and seizure. Of all those laws, under which we live and are protected, there is none more sacred than that law, which says, that no Man shall be obliged to furnish Evidence against Himself. In Felony, you may search for stolen Goods, but not for other Evidence against the Thief. In Treason, you may search for and seize Papers, in order to discover Treason, but cannot use those Papers in Evidence against the Man in whose Custody they are found. (Page 21-22). TABLE 3. U.S. LIBRARY HOLDINGS OF WILLIAM MERIDETH'S A REPLY TO THE DEFENCE OF THE MAJORITY (1764) Columbia U, Butler Rare Book library PAMPHLET 942.073Z33, visited October 9, 2009. In gutter of 2d page: "17 Nov. 1891 Stechert 56" handwritten on title page "Lord Sniffen 1789" Bound together with other pamphlets on similar topics. Printed spine: McCintosh Observations. (may have been author of 1st pamphlet "Observations upon the confinement of Mr. Wilkes, address to free-born English, Charles Loyd, Defence of the Majority. (page 17 discusses seizures to prove guilt) No discernable provenance. There is ink writing in the margin precisely adjacent to the exclusionary discussion on p. 22 (but nowhere else in the margins). "See case of Lord Lord Sinffin" at end. Brigham Young U Duke University Harvard U Houghton *EC75 L7754 765db Johns Hopkins U Library of Congress AC901 .M5 vol. 105, no. 4 Misc Pam Library of Congress AC901 .M5 vol. 426, no. 3 Misc Pam Mount Holyoke College, South Hadley, MA 413-538-2000 DA507 1764 .M4 , visited 1/6/10 Sticker on inside cover of packaging: "Estate of Viola F. Barnes" original binding Barnes was professor of history, creator of American studies program. Lots of quill marks in margins but not at exclusion paragraphs New York Hist Society New York Pub. Lib. CK p.v. 244, no. 8, visited Oct. 5, 2009. Bound together with a number of other pamphlets Writing in ink on first page. Largely indecipherable New York State Lib. 345.410256 F252 200-8281 1765 1 BOOK ZL/LAW (nocirc) (Bound in: A letter concerning libel/Father of Candor, pseud. Bound w/5th ed., Postscript, second postscript No marks, good condition except for water soak stain. (Continued) New York State Lib. 040 B, v.258(1019552.1) Old Dominion University, Norfolk, VA Ohio State U Philadelphia Free Library Nov. 6, 2009 per phone conversation (visited but did not see item) Came from "Mercantile Library" a private library in Phila. Which closed in 1944. Princeton U Rare books. Visited Nov. 3, 2009. Original paper cover, not bound, very good condition No marks; no writing of any kind. SUNY Buffalo U Arizona UC Davis U Cal. Irv. UC Merced U Cal Riverside UC San Diego UC Berkeley U of Delaware U of Michigan U of Minnesota, Duluth U of Minnesota, Morris U of Missouri U of North Carolina U C San Francisco UC Santa Barbara UC Santa Cruz U Texas, Tarlton U Texas, Tyler U of Virginia Yale U (Walpole Lib.) Call Number: 49 1609 9:5 Horace Walpole's notes on title-page Yale U Law Lib #2 Yale Beineke College Pamphlets 952 2 From the library of William Whitman Farnam Yale SML, Franklin Collection, Room 230 (Non-Circulating) Call Number: 764 C3 |
Sir William Meredith's Reply to the Defence of the Majority (1764) |
Sir William Meredith's Reply to the Defence of the Majority (1764) |
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