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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... Evidence 45 4 Modern Implications I: Peoplehood and Interbranch Responsibilities 55 5 Modern Implications II: Precedent and Political Meaning 68 PART II: THE RECONSTRUCTED FOURTH AMENDMENT 91 6 Expressive Violence and Southern Honor 95 ...
... evidence. I also heard increasingly more stories of whites suffering insults and 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 ...
... evidence.12 as The Original Fourth Amendment This book's approach is historical, in part 1 recasting the history of the original Fourth Amendment of 1791 as one about the taming of expressive political violence. The origins of the ...
... evidence of individual wrongdoing and without guidelines limiting officer discretion. This arbitrary violation of principles of individualized justice was so dear to the Revolutionaries' hearts that they described it as the equivalent ...
... evidence. Because the search was done without a warrant or probable cause, the trial judge barred the jury from hearing or seeing anything about the drugs and weapons confiscated by the detectives. Lacking evidence, the prosecution was ...
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 |