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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... writs of assistance—a form of general warrant permitting certain searches and seizures without individualized suspicion or a particularized description of the persons or things to be seized—another Revolutionary leader, John Adams, said ...
... writs, and Britain's equally violent response, were major causes of the American Revolution.2 Each violent move and countermove by British forces and the colonists thus bore symbolic power. This power was of concern not only to armies ...
... writs of assistance, were therefore in part objectionable because they sought to further a British policy—“taxation without representation”—that symbolized Americans' exclusion from equal governance over their own affairs. Unbridled ...
... writs of assistance, on which more will be said later. The writ was a form of general warrant authorizing Crown officials to command peace officers or, if need be, any nearby subjects to assist with the warrant's execution. The writs ...
... writs in Britain's Court of Exchequer. Upon learning that general writs were commonly granted there, the Court reconvened for reargument in November 1761, and unanimously decided that the writs should be granted.35 Enforcement of the writs ...
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 |