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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... judge and as the single authoritative interpreter of nature's law. The community in turn creates a government, a set of institutions entrusted by the community to bring about the social peace and the preservation of natural rights for ...
... judge barred the jury from hearing or seeing anything about the drugs and weapons confiscated by the detectives ... judges allowing criminals to exploit the Fourth Amendment and other legal technicalities has long been standard fare in ...
... judge admits that he nevertheless routinely accepts an officer's dropsy testimony as truthful in a particular case. Judges do so, he explains, because at some level they share the officers' attitude:22 Policemen see themselves as ...
... Judges indeed likely understand—in a way that the lay public, the police, and the media may not—that even technicalities serve purposes. Filing deadlines, for example, discourage lawyer laziness, intentional delay, and simple ...
... judges; in which a fictionalized history of the “rights of Englishmen” played a powerful motivating role in political change, while elite and mob action simultaneously rejected as unduly cramped both the mother country's and colonial ...
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 |