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Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 0814783260
Category : Law
Languages : en
Pages : 377
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Book Description
The 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. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 0814783260
Category : Law
Languages : en
Pages : 377
Get Book Here
Book Description
The 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. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Author: Dean Galiano
Publisher: The Rosen Publishing Group, Inc
ISBN: 1448823250
Category : Juvenile Nonfiction
Languages : en
Pages : 66
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Book Description
This book is an introduction to the Fourth Amendment which empowers the people as it guarantees interdiction of unreasonable search and seizure.
Author: Hallie Murray
Publisher: Enslow Publishing, LLC
ISBN: 0766087336
Category : Juvenile Nonfiction
Languages : en
Pages : 50
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Book Description
Some people believe that the USA PATRIOT Act and Homeland Security Act, passed after the 9/11 terrorist attacks, violate the Fourth Amendment, which guarantees that US citizens have the right to be secure in their persons, houses, papers, and belongings against unreasonable searches and seizures. Through full-color and black-and-white photos, engaging text, and primary sources, this book examines the events leading up to the creation and ratification of the Fourth Amendment and its impact on modern American life, including how the Supreme Court must balance the rights of the individual against the needs of the government to keep the nation safe and how technological advances affect our privacy. Sidebars, a list of all ten Bill of Rights, and a glossary are also included.
Author: Wayne R. LaFave
Publisher: West Group Publishing
ISBN:
Category : Law
Languages : en
Pages : 764
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Book Description
Professor LaFave interprets and applies the Fourth Amendment in diverse factual situations for developing more effective arguments of search and seizure issues in plea bargaining, trial, and appeal phases of a criminal case. Expert discussion covers the exclusionary rule and other remedies, protected areas and interests, probable cause, and search warrants. This work also addresses search and seizure of persons and personal effects, entry and search of premises, search and seizure of vehicles, and consent searches. Explores stop and frisk and similar lesser intrusions, along with inspections and regulatory searches. Also examines the administration of the exclusionary rule.
Author: Doreen Gonzales
Publisher: Enslow Publishers, Inc.
ISBN: 9781598450620
Category : Juvenile Nonfiction
Languages : en
Pages : 132
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Book Description
Looks at the reasons for the adoption of the Fourth Amendment, describes the laws it sets forth, and discusses challenges to and violations of the amendment.
Author: Thomas K. Clancy
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 752
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Book Description
A July 2012 supplement of the book is available at this link (updated July 6, 2012). Due to the thousands of daily governmental intrusions -- such as airport checks, traffic stops, drug testing, obtaining of digital evidence, traditional criminal law enforcement practices and regulatory inspections -- the Fourth Amendment is the most commonly implicated and litigated part of our Constitution. This treatise comprehensively treats United States Supreme Court caselaw and takes a structural approach to the Fourth Amendment, addressing foundational questions, such as: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court's development of search and seizure principles provide context to, and perspective on, current doctrine.
Author: Thomas McInnis
Publisher: Lexington Books
ISBN: 0739129775
Category : Searches and seizures
Languages : en
Pages : 332
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Book Description
This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.
Author: Charles M. Wetterer
Publisher:
ISBN: 9780894909245
Category : Juvenile Nonfiction
Languages : en
Pages : 136
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Book Description
This book looks at the rights against unreasonable search and seizure granted to United States citizens under the Fourth Amendment to the Constitution. The author provides historical context and descriptions of the people involved in the passage of this important amendment. Examples showing how the Fourth Amendment is applied in today's modern technological society are provided.
Author: John R. Vile
Publisher: CQ Press
ISBN: 1604265892
Category : Law
Languages : en
Pages : 929
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Book Description
This work provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. It covers key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants regarding the law of search and seizure.
Author: Michael J. Z. Mannheimer
Publisher: University of Michigan Press
ISBN: 0472903713
Category : Law
Languages : en
Pages : 431
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Book Description
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
