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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... citizens. History taught me that security and freedom were complementary, not contradictory. My attention began to focus on the start of most criminal cases—the arrests, stops, frisks, wiretaps, and other searches and seizures that ...
... citizen's voluntary consent, all police activity involves violence or its threat. A “search” is by definition an unwanted, thus forced, invasion of a reasonable expectation of privacy. A “seizure” similarly is an unwanted interference ...
... citizens' “property,” meaning their lives, liberties, and possessions. Such a state thereby rightly acquires “political power.”8 Locke explains: Political power, then, I take to be a right of making laws with penalties of death, and ...
... citizens shaping a virtuous state and vice versa. Virtuous citizens' qualities include a willingness to invoke their rights in a way that makes them part of a deliberative dialogue over what kind of state and People we should be. Yet ...
... citizen without strong, reliable evidence of individual wrongdoing. The American passion for this evidentiary principle—later encapsulated in the idea of “probable cause”—had its roots in fears of Continental-style inquisitions, but ...
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 |