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 63
... Racial Auditors and the Fourth Amendment: Data with the Power to Inspire Political Action, 66 L. & Contemp. Probs. 221 (2003); Respect and the Fourth Amendment, 94J. Crim. L. & Criminology 15 (2003); Stories of Fourth Amendment ...
... racial attitudes and assumptions, or perhaps not even whether his conduct has a disparate racial impact, this “racial profiling” is tolerated by the state. The Court's position on profiling and the role of race in search and seizure ...
... racial community. When many persons of a certain race are regularly so stopped, the impact on the broader racial community is deeper. Minority communities sense, in a way that the Court does not, that strong Fourth Amendment protections ...
... racial domination was, of course, a major concern of the late-nineteenth-century constitutional drafters and ratifiers in a way that was not true for their eighteenth-century peers. Yet, though that concern with questions of race ...
... racial profiling and excessive violence. Professional mediator Dr. Jay Rothman, prodded by the filing of a lawsuit coincident with street protests, and with the parties' agreement, surveyed eight stakeholding groups: African Americans ...
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 |