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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... effect “searches and seizures” only when “reasonable” is sensibly understood as constitutionalizing the mandate that the People tame state power.10 Republican (as opposed to liberal) theory likewise recognized that the state must serve ...
... effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or ...
... effect of the Fourteenth Amendment's Due Process Clause was that it for the first time applied most of the Bill of Rights, including the Fourth Amendment, to the states. Understanding the meaning of today's Fourth Amendment therefore ...
... effect on the development of American search and seizure law, as he did on the development of the American common law generally. The Massachusetts Bay Puritans studied Coke, Jefferson praised him, and Americans admired him as “the ...
... effect . . . was to set off one of the fiercest riots in Boston's history.”44 Customs searches of homes, seizures of sloops and of unwilling future sailors (impressment), pent-up demands for wider political participation, and mob ...
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 |