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
Results 1-5 of 66
... practices during slavery and Reconstruction thus seemed particularly relevant to understanding the mutated or reconstructed Fourth Amendment of 1868. Then, as now, knowing the African American experience was central to knowing the ...
... practice.4 Absent a citizen's voluntary consent, all police activity involves violence or its threat. A “search” is by definition an unwanted, thus forced, invasion of a reasonable expectation of privacy. A “seizure” similarly is an ...
... practices involving their communities' members? My apparently obvious answer: because the police act in ways that make minority communities feel disrespected. In reaching that answer, I came to recognize, however, that members of the ...
... practice modernly seen by many as a pointless annoyance. Consider this scenario: Two police officers, Cagney and Lacey, pay off a local stool pigeon for information about a planned cocaine sale. The stoolie's information is vague, and ...
... 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 most to them. When individuals are wrongly stopped because ...
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 |