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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... rule. But the agents are afraid too, for they know that the rules that govern their world, the laws that define their society, are at stake.2 The agents ultimately arrest a human known as “Neo” on the pretense of suspecting him of ...
... rule in ways both large and small. The state's use of force must therefore be monitored and tamed by the People or by institutions legitimately acting on their behalf. The Fourth Amendment's declaration that the state use force to ...
... Rules and institutions were understood to be necessary to monitor the state and to prevent its abusing its authority to use force to crush the People or to undermine the equality principles embraced by the social contract, serving the ...
... rules of law in court. All's fair in this war, including the use of perjury to subvert “liberal” rules of law that ... rule does not enforce itself.23 While police “testilying” may help to subvert Supreme Court rulings, the Court too ...
... rules of substance.” Rather, I am describing an attitude whose strength may vary from one situation to another.36 Judges indeed ... rule has been met or requires an exception. To avoid that result in the area of search and seizure law, a ...
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 |