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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... contraband come readily to mind. The brave colonists' resistance to monarchy seems embodied in this amendment's lofty words.18 Whatever noble ideals the amendment's ringing language might 6 PLUGGING INTO THE FOURTH AMENDMENT'S MATRIX.
... resistance to the writs, and Britain's equally violent response, were major causes of the American Revolution.2 Each violent move and countermove by British forces and the colonists thus bore symbolic power. This power was of concern ...
... resistance to tyrannical rule. Many of the participants in the street were from the “lower ranks,” mechanics, sailors, and others, “who found they wielded a new and exhilarating power.” That power often reflected class antagonisms ...
... resistance, Crown officials intended the seizure to teach an “object lesson in royal authority.” Instead, “Its effect . . . was to set off one of the fiercest riots in Boston's history.”44 Customs searches of homes, seizures of sloops ...
... Resistance, to break open Doors, Chests, Trunks, and other packages, there to seize” any uncustomed goods. Because the writ lasted for the life of the sovereign, it gave customs officers a “hunting license” to search for smugglers and ...
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 |