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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... probable cause”—had its roots in fears of Continental-style inquisitions, but developed into a fairly complex and robust set of common-law concepts. The colonists were alert to the need for significant assurances of evidentiary ...
... probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.17 The right was of central importance to our nation's founders. It was included in the Bill ...
... probable cause, the trial judge barred the jury from hearing or seeing anything about the drugs and weapons ... caused by new tough-on-crime measures to keep criminals behind bars, combined with the appointment of stricter judges ...
... probable cause to believe that the law has been violated. If the officer only stops those speeders who are African American, or Hispanic American or Asian American, that seems wrong. It unsettles American notions of equal treatment. Yet ...
... probable cause, and protection of political dissent topping the list. But many of these issues were viewed through a different lens, raising several new questions, which PLUGGING INTO THE FOURTH AMENDMENT'S MATRIX 13.
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 |