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.
Origins and Original Meaning, 602-1791
Author: William John Cuddihy
Publisher: Oxford University Press, USA
“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption 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 of law enforcement 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. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
Policing Without Permission
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
Category: Political Science
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
Author: John R. Vile,David L. Hudson Jr.
Publisher: CQ Press
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.
Author: Tracey Maclin
Publisher: Oxford University Press
This issue of the Yale Law Journal (the fourth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue is dedicated to the memory of Professor Robert A. Burt, with essays in his honor by Robert Post, Owen Fiss, Monroe Price, Martha Minow, Martin Boehmer, Anthony Kronman, Frank Iacobucci, and Andrew David Burt. In addition, the issue's contents include: • Article, "The First Patent Litigation Explosion," Christopher Beauchamp • Article, "The Lost 'Effects' of the Fourth Amendment: Giving Personal Property Due Protection," Maureen E. Brady • Note, "Fifty Shades of Gray: Sentencing Trends in Major White-Collar Cases," Jillian Hewitt • Note, "Present at Antitrust's Creation: Consumer Welfare in the Sherman Act's State Statutory Forerunners," Charles S. Dameron • Comment, "In Defense of 'Free Houses,'" Megan Wachspress, Jessie Agatstein, and Christian Mott • Comment, "Tort Concepts in Traffic Crimes," Noah M. Kazis Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.
Author: Yale Law Journal
Publisher: Quid Pro Books
Category: Law reports, digests, etc
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.
A Fourth Amendment Handbook
Author: Phillip A. Hubbart
Author: Sir Edward Coke
Publisher: Liberty Fund Inc.
With substance and style, Samaha helps students master the complexities of the criminal justice system and the law. His presentation engages students in active learning and encourages them to understand, rather than memorize. That students truly enjoy reading CRIMINAL JUSTICE is a testament to Samaha's skill as a teacher, writer, and scholar. Featuring a critical-thinking approach that encourages students to explore all sides of the criminal justice system, this thorough introduction draws students in and encourages them to learn more. Samaha provides students with an important and realistic understanding of the formal and informal dimensions of criminal justice: from there, they have the ideal framework to learn about the sociology, politics, economics, and law of the discipline.
Author: Joel Samaha
Publisher: Wadsworth Pub Co
Author: United States. Supreme Court
Category: Constitutional law
The humanities and social sciences. A
Category: Dissertations, Academic
Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features: * Skillfully edited excerpts of the majority opinions of canonical Supreme Court decisions and lower federal and state court decisions * Historically important auxiliary materials--such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution--which help students better understand American constitutional law, politics, and government * Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies * Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism) * Topical overviews for each constitutional subject area In order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes: Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law. Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive rights.
Civil Rights and Liberties
Author: David Schultz,John R. Vile,Michelle D. Deardorff
Publisher: Oxford University Press, USA