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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... live free of pointless indignity and confinement clearly outweighs anything the city can raise against it specific to her case.”6 Such violence may often be legitimate, necessary to enforcing the law, to encouraging respect for it, and ...
... lives, liberties, and possessions. Such a state thereby rightly acquires “political power.”8 Locke explains: Political power, then, I take to be a right of making laws with penalties of death, and consequently all lesser penalties, for ...
... live in neighborhoods where gang units are likely to enter their kids' names and photos into the department database merely for wearing their hats backward. Nor do most of us lose sleep worrying whether the police might batter down our ...
... lives, . . . fortunes, and . . . sacred honor” was all about.1 Thus, after a famously influential Revolutionary leader, James Otis, rose to protest the writs of assistance—a form of general warrant permitting certain searches and ...
... live an hour.” The jury awarded the plaintiffs the substantial sum of three hundred pounds in damages. Huckle established the principle that Crown officers engaging in unlawful searches are liable for damages in trespass and false ...
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 |