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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... example; to my sister, Ellen Duncan, for teaching me persistence and hope; to my dogs, B'lanna and Odo, for comfort and inspiration; and to my wife, Patricia V. Sun, whose last name aptly captures her role in my life. I have been ...
... example, the Fourth Amendment does not protect a defendant who has abandoned his property. Therefore, officers repeatedly testify that defendants suddenly and intentionally “drop” drugs while fleeing from the police, in the suspects ...
... example, an officer who stops a car going one mile over the speed limit has probable cause to believe that the law has been violated. If the officer only stops those speeders who are African American, or Hispanic American or Asian ...
... example illustrates, the courts cannot do the job alone. They must rely on the executive branch of police, prosecutors, state governors, and the national president, as well as the political will of state and federal legislators, to ...
... -state blacks, for example, arresting and selling into slavery (absent payment of the costs of arrest and deportation) black Northern seamen on ships temporarily docking in certain 12 PLUGGING INTO THE FOURTH AMENDMENT'S MATRIX.
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 |