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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... further into the history of both the original and the mutated Fourth Amendments. What I found did not always match my preconceptions, but it did confirm my sense that we were on the wrong path. This book looks to the past to shine light ...
... , who may wish to explore a particular issue in further detail should be aware that many of the notes contain more than mere citations. 1 Plugging into the Fourth Amendment's Matrix Entering the Matrix: xi Acknowledgments.
... recognized, to narrow still further when the exclusionary remedy will be available to enforce the amendment.24 The burden of this narrowing vision of Fourth Amendment rights 8 PLUGGING INTO THE FOURTH AMENDMENT'S MATRIX.
... further, seeing discriminatory and unjustifiable police practices as encouraging distrust, anger, and even criminality among those individuals affected.30 But individuals' identity is often linked closely to those groups that matter ...
... further, examining search and seizure practices during antebellum slavery, then during Reconstruction. That history matters because the original Fourth Amendment applied solely to the federal, not the state, governments. But the ...
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 |