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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... abuse at the hands of the police, particularly during traffic stops. Meanwhile, the war on drugs was taking its toll on Hispanic communities, the war on terror on Muslim ones. The range of permissible warrantless, suspicionless searches ...
... abuse of violence are conduct sending degrading messages about human worth, insulting individuals or groups, undermining rather than reinforcing desirable republican norms, and suppressing dissenting voices. Abuse also arises when the ...
... abuses. The rhetoric of the street and of the intellectual converged on the same set of principles. Resistance to expressive violence by the state came to define much of the Revolution's meaning for Americans, even if they did not ...
... abuses of unbridled discretion by customs officers. Otis worried that customhouse officers would enter private homes as they pleased, breaking all in their way, free to act even with “malice or revenge” that no man could challenge. As ...
... abuses and was to be trusted as the voice for all. By this logic, argued subcabinet official William Knox in 1769, if Parliament was supreme over the colonists in even one instance, then Americans are members “of the same community with ...
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 |