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
Results 1-5 of 89
... justice” solution. Later in life, I became a law professor, teaching and writing about criminal justice. In that capacity, I became involved in the innocence movement as it became clear that too many of those in our jails and prisons ...
... justice, treating persons on the basis of stereotype or surmise rather than as “unique, a 'universe of one,'” judged by ample and trustworthy evidence.12 as The Original Fourth Amendment This book's approach is historical, in part 1 ...
... justice in deed and not just in words, a more careful quest for reliable evidence of wrongdoing, a heartfelt embrace of the close link between First and Fourth Amendment values, and a deeper appreciation for the way poorly conceived ...
... justice. Perhaps more important, the decision makers and policy advisers who decide when and how searches and seizures shall be done reduce the Fourth Amendment to a mere technicality. “The criminal is to go free because the constable ...
... justice system to his own advantage both misleads the public (drawing attention from police wrongdoing) and ignores the many benefits that the amendment bestows upon the innocent. Innocent people are stopped on the street every day ...
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 |