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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... city can raise against it specific to her case.”6 Such violence may often be legitimate, necessary to enforcing the law, to encouraging respect for it, and to catching the bad guys. 2 PLUGGING INTO THE FOURTH AMENDMENT'S MATRIX.
... specific provisions in the original Constitution of 1789. Rather, for the colonists slavery was the absence of corporate political liberty and economic independence for individuals. General searches symbolized this ultimate political ...
... specific in nature. One of the reasons for objection to general warrants but not to specific ones also involved yet a different sort of concern related to expressive political violence: the insult involved in searches and seizures by ...
... specific warrants or warrantless searches as superior alternatives. Newspapers in the largest states reprinted the tirade of “A Son of Liberty,” “who depicted federal officers dragging people off to prison after brutal confiscations ...
... specific warrant not because it was specific but because they associated the general warrant with violent British efforts to subjugate them politically. . . . The emergence of the specific warrant in America was a byproduct of America's ...
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 |