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 86
... warrant-issuing prerogative), commentators too often de-emphasize the multibranch responsibilities created by the amendment.15 Finally, part 1 of this book ends by analyzing the modern implications of understanding the original Fourth ...
... warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.17 The right was of central importance to our nation's founders ...
... warrant or probable cause, the trial judge barred the jury from hearing or seeing anything about the drugs and weapons confiscated by the detectives. Lacking evidence, the prosecution was forced to withdraw the case, and another ...
... warrants. Correspondingly, they worry that police offer minorities inadequate and unequal protection from crime. Minority communities yearn for a police force that promotes community safety while valuing community rights. They agitate ...
... warrants. State and federal fugitive-slave laws provided fairly cursory warrant procedures for the capture and return of suspected runaways, while fostering an ever-increasing federal enforcement presence that involved reluctant ...
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 |