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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... ideas in this book for several years, and early versions of some of the ideas here, especially those in chapters 1, 6, and 12, were explored in portions of Racial Auditors and the Fourth Amendment: Data with the Power to Inspire ...
... idea that the state must not use force against any citizen without strong, reliable evidence of individual wrongdoing. The American passion for this evidentiary principle—later encapsulated in the idea of “probable cause”—had its roots ...
... idea of property (the slave) owning property was absurd. American slavery was thus defined by state-initiated or state-sanctioned interferences with slaves' freedom of movement, privacy, and property. Many court cases of the era ...
... ideas evolved about race, the nature of “property,” and the political meaning of freedom to locomote and “privacy” (though not then using that word). Northern, especially Republican Party, commitment to a “free labor” ideology, which ...
... ideas of what dissent was inappropriately “licentious” were still immature. Both search-and-seizure and free-speech rights needed vigor if either were to prosper.24 A related principle was also at work in an area of public policy ...
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 |