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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... role in my life. I have been pondering the ideas in this book for several years, and early versions of some of the ideas here, especially those in chapters 1, 6, and 12, were explored in portions of Racial Auditors and the Fourth ...
... roles of the People, the Congress, the judiciary, and the executive in making Fourth Amendment freedoms real. Although the judiciary was assigned a special role in this process (the warrant-issuing prerogative), commentators too often ...
... role respect-based concerns should play in Fourth Amendment analysis. Those concerns have significant implications for every current search and seizure doctrine. Understanding the Court's current approach and its failures, and defending ...
... role of race in search and seizure decisions is a bit more complex and subtle than my claim here that they entirely ignore race. But the bottom line point would be unchanged by exploring those complexities: a colorblind search and ...
... role of setting “a constitutional floor protecting individuals and constraining government.” That floor too often collapses under the weight of the mere-technicality vision.35 I am not making a sharp analytical distinction here between ...
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 |