Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. |
From inside the book
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... judicial resistance to the writs of assistance in 1769 was most intense in Connecticut, the colony's code of that year included an impost with general search warrants resembling those writs. The same conclusion applied to Pennsylvania ...
... judicial commission.” It was, however, a “gross insult to the householder's status as a 'free man' to be bossed about by an ordinary officer who was likely drawn from an inferior class.”75 The widely publicized remarks of the Boston ...
... judicial assessment of the truth or accuracy of these statements was mandated. By 1762, a Massachusetts bill required all search warrants to be as specific as those required by the 1756 excise legislation. James Otis's 1755 argument ...
... judicial assessments of probable cause demonstrated the “swift liberalization” of search and seizure laws effected by the Fourth Amendment.92 Madison, in jettisoning his original opposition to a bill of rights, came to emphasize that ...
... judicial pronouncements,” appeals to “ancient wisdom” simply running “contrary to the whole thrust of the Enlightenment.” The Revolutionaries' common law thus embodied a dynamism bespeaking a love for fundamental liberties more than ...
Contents
1 | |
17 | |
45 | |
55 | |
68 | |
THE RECONSTRUCTED FOURTH AMENDMENT | 91 |
Slave Locomotion | 106 |
Mobilitys Meaning for the South | 131 |
Mobilitys Meaning for the North | 157 |
Notes | 279 |
Index | 343 |
About the Author | 363 |