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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... African American community in that city that bore the brunt of both the problem of criminality and the criminal “justice” solution. Later in life, I became a law professor, teaching and writing about criminal justice. In that capacity ...
... African American experience was central to knowing the meaning of America. So, in a search for the complete story, I dug further into the history of both the original and the mutated Fourth Amendments. What I found did not always match ...
... African American, or Hispanic American or Asian American, that seems wrong. It unsettles American notions of equal treatment. Yet if, as the Court suggests, we cannot consider the officer's racial attitudes and assumptions, or perhaps ...
... African Americans in Jim Crow America could not sit at white lunch counters, they felt excluded from the American community. Yet what is rarely recognized is that Jim Crow laws went to the heart of the Fourth Amendment by regulating ...
... Africans they ruled “over with such arbitrary sway.” Another patriot warned against “the unrestrained licentiousness of any one Person, in any one Nation,” meaning “the universal Slavery of that Nation.”84 Most Americans of the time ...
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 |