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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... principles embraced by the social contract, serving the needs of a faction or elite. The Fourth Amendment is best understood, or so this book will argue, as just such an attempt to tame political violence, ensuring its service to the ...
... principles of individualized justice was so dear to the Revolutionaries' hearts that they described it as the ... principle—later encapsulated in the idea of “probable cause”—had its roots in fears of Continental-style inquisitions, but ...
... principles. Resistance to expressive violence by the state came to define much of the Revolution's meaning for Americans, even if they did not initially fully understand what they had done.3 Seditious Libel The abusive searches and ...
... principle that Crown officers engaging in unlawful searches are liable for damages in trespass and false-imprisonment suits. Pratt also presided over the trial arising from a suit brought by Wilkes against Wood, the undersecretary who ...
... principles and the right against self-incrimination. Camden held that the executive lacked authority to direct arrests or issue general warrants absent legislative authorization.18 Camden rejected the argument that the extralegal usage ...
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 |