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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... significant portion of those injustices stemmed from police mistakes, even perfectly well-meaning officers focusing too early on one theory of who did the crime—perhaps because of subconscious stereotyping about likely vii Preface.
... officer. The uniform, the holstered weapons, the command voice are all designed to make the threat of violence clear.5 When that threat becomes real, it can be degrading, as both the majority and the dissenters on the U.S. Supreme Court ...
... officers searched the homes of higher-ranked free householders. But the colonists were insulted too not simply by ... officer discretion. This arbitrary violation of principles of individualized justice was so dear to the Revolutionaries ...
... officers, Cagney and Lacey, pay off a local stool pigeon for information about a planned cocaine sale. The stoolie's information is vague, and he refuses to reveal his sources. Nevertheless, based on this tip, Cagney and Lacey guess ...
... officers know that judges usually feel the same way. Judges routinely deny suppression motions when they know that the police are lying. For example, the Fourth Amendment does not protect a defendant who has abandoned his property ...
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 |