The Fourth Amendment

Author: William John Cuddihy
Publisher: Oxford University Press, USA
ISBN: 0195367197
Release Date: 2009
Genre: Law

The Fourth Amendment's protection against unreasonable search and seizure provides the bulwark for police regulation and many other government functions in the United States. This book tells the full story of its complex lineage, including its intellectual roots in England.

Unwarranted

Author: Barry Friedman
Publisher: Macmillan
ISBN: 9780374280451
Release Date: 2017-02-21
Genre: Law

As the debate about out-of-control policing heats up, an authority on constitutional law offers a provocative account of how our rights have been eroded In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. The courts have let us down entirely. Unwarranted is filled with stories of ordinary people whose lives were sundered by policing gone awry. Driven by technology, policing has changed dramatically from cops seeking out bad guys, to mass surveillance of all of society—backed by an increasingly militarized capability. Friedman captures this new eerie environment in which CCTV, location tracking, and predictive policing has made us all suspects, while proliferating SWAT teams and increased use of force puts everyone at risk. Police play an indispensable role in our society. But left under-regulated by us and unchecked by the courts, our lives, liberties, and property are at peril. Unwarranted is a vital, timely intervention in debates about policing, a call to take responsibility for governing those who govern us.

Encyclopedia of the Fourth Amendment

Author: John R. Vile
Publisher: CQ Press
ISBN: 9781506340074
Release Date: 2012-12-18
Genre: Reference

Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizure—in the physical as well as the online world—provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. More than 900 A to Z entries cover the key issues that surround this essential component of the Bill of Rights and the linchpin of a right to privacy. This two-volume reference—from the editors of CQ Press’s award-winning Encyclopedia of the First Amendment—features a series of essays that examine the historical background of the Fourth Amendment along with its key facets relating to: Technology Privacy Terrorism Warrant requirement Congress States A to Z entries include cross-references and bibliographic entries. This work also features both alphabetical and topical tables of contents as well as a comprehensive subject index and a case index.At a time when threats of crime and terrorism have resulted in increased governmental surveillance into personal lives, this work will serve as an important asset for researchers seeking information on the history and relevance of legal rights against such intrusions. Key Features: More than 900 signed entries, including 600 court cases and 100 biographies Preface by noted journalist Nat Hentoff From the editors of CQ Press’s award-winning Encyclopedia of the First Amendment

The Supreme Court and the Fourth Amendment s Exclusionary Rule

Author: Tracey Maclin
Publisher: Oxford University Press
ISBN: 9780199969456
Release Date: 2012-10-23
Genre: Law

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

Reconstructing the Fourth Amendment

Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 0814783155
Release Date: 2006-10-01
Genre: Law

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.

Paint it Today

Author: Hilda Doolittle
Publisher: NYU Press
ISBN: 081473488X
Release Date: 1992-07-01
Genre: Fiction

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.

American Surveillance

Author: Anthony Gregory
Publisher: University of Wisconsin Pres
ISBN: 9780299308803
Release Date: 2016-07-29
Genre: Law

A nuanced history and analysis of intelligence-gathering versus privacy rights.

Making Sense of Search and Seizure Law

Author: Phillip A. Hubbart
Publisher:
ISBN: STANFORD:36105063938570
Release Date: 2005
Genre: Law

Fourth Amemdment law is both fascinating and inspiring — as it deals with a fundamental human right, the denial of which was one of the leading causes of the American Revolution. But this law can also be extremely confusing. Thus the reason for this book: to make sense of this subject.In a single volume, Hubbart restates the content, organizational structure and principled basis of Fourth Amendment law — as announced by countless U.S. Supreme Court decisions on the subject — so that it is understanble and coherent.The work concentrates on U.S. Supreme Court caselaw, relies heavily on the historical background of the Fourth Amendment upon which much of this law is based, and cites to relevant treatises and leading federal and state court decisions. It also briefly discusses the theories of constitutional construction that the Court has used in reaching its decisions.A wide variety of professionals will find this book extremely useful: judges, prosecutors, defense lawyers, police legal advisors, and teachers and students at the law school, undergraduate and law enforcement levels.

Criminal Law Series

Author:
Publisher:
ISBN: STANFORD:36105063150622
Release Date: 2000
Genre: Criminal law

Petitions and briefs filed with the U.S. Supreme Court.

Search seizure

Author: Ronald M. Price
Publisher:
ISBN: STANFORD:36105060847584
Release Date: 2002
Genre: Law


Original Intent and the Framers Constitution

Author: Leonard W. Levy
Publisher: Ivan R. Dee
ISBN: 9781461730286
Release Date: 2000-08-15
Genre: History

For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.

William Blackstone

Author: Wilfrid R. Prest
Publisher: Oxford University Press
ISBN: 9780199550296
Release Date: 2008-10-16
Genre: Architecture

Lawyer, politician, poet, teacher and architect, William Blackstone was a major figure in eighteenth century public life. Despite the breadth and influence of his work, Blackstone the man remains little known. This volume, Blackstone's first scholarly biography, sheds considerable light on the life, work, and society of this neglected figure.