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
Results 1-5 of 82
... freedom. Still worse, the current state of affairs seemed radically inconsistent with both my high school civics lessons about the nature of American democracy and my own understanding of American history. High school civics taught me ...
... freedom of movement or his possessory interest in property. Any film or novel about the police makes the violence of their work stark. If that violence is usually less stark in everyday policing, it is no less real. A tremor of fear ...
... freedom from unreasonable searches and seizures—to a mere annoyance that obstructs justice. Perhaps more important, the decision makers and policy advisers who decide when and how searches and seizures shall be done reduce the Fourth ...
... freedom of movement. Media images, police talk, and jurisprudence that address primarily the costs of the amendment and only secondarily its benefits—and that too narrowly define those benefits—miss the central point. The image of the ...
... freedom of movement, privacy, and property. Many court cases of the era concerned precisely these issues. But Southern and federal search and seizure practices affected whites as well, particularly in an effort to suppress the speech of ...
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 |