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 55
... sense of infallibility in such matters and taught me the complexity of the human heart. But my zeal for public safety, both from street predators and governmental ones, remains strong. Yet the current system seemed to be failing on both ...
... sense that we were on the wrong path. This book looks to the past to shine light on where we once were headed in the hope that we might thereby correct our future course. The circuitous path that brought me here began with exposure to ...
... sense that it required institutions to encourage the sense of shared values necessary to an effectively functioning People. Only such a united People could tame otherwise unbridled state violence. For republicans too, therefore, the ...
... sense of insult stemmed not only from voiceless deindividualization but also from the related idea that the state must not use force against any citizen without strong, reliable evidence of individual wrongdoing. The American passion ...
... sense, in a way that the Court does not, that strong Fourth Amendment protections are central to fostering respect for both individuals and their communities. At the same time, as grass-roots activism and some community policing efforts ...
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 |