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. |
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... limited arbitrary rule and behavior. For many, avoiding such subjection was a spiritual mandate, essential to avoiding deformed souls estranged from the Supreme Being or, for the rationalists, from Nature's God. The Revolutionaries ...
... limited by warrants specifying when, where, how, and whom they could search and seize. Yet the growing understanding of what made a warrant specific required more. The increasingly widespread definition of a “special warrant” was one ...
... limited police resources and community hostility to related traffic tie-ups.” Therefore, the Court declared, a more flexible reasonableness balancing test like that in the drunk-driving roadblock cases was appropriate, indeed ...
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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 |