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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... Expressive Violence and Southern Honor 95 7 Slave Locomotion 106 8 Mobility's Meaning for the South 131 9 Mobility's Meaning for the North 157 Privacy and Property 187 Civil War and Reconstruction 226 Law on the Street 258 Notes 279 ...
... expressive political violence. The origins of the amendment indeed lay in part in efforts to suppress dissent in infamous seditious-libel prosecutions. But the amendment's origins also lay in a violent dispute over what it means for the ...
... expressive nature of police conduct and its consequences. More specifically, the final section of part 1 suggests a number of lessons to be drawn from the amendment's early history that require changes in current doctrine. Such changes ...
... expressive violence by the state came to define much of the Revolution's meaning for Americans, even if they did not initially fully understand what they had done.3 Seditious Libel The abusive searches and seizures that captured ...
... expressive violence of mob action and the taking unto themselves of the powers usually vested in the law. Importantly, however, the colonists did increasingly see that general searches or seizures were dangerous no matter how they were ...
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 |