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
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.
Policing Without Permission
Author: Barry Friedman
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
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.
A History of Search and Seizure, 1789-1868
Author: Andrew E. Taslitz
Publisher: NYU Press
A nuanced history and analysis of intelligence-gathering versus privacy rights.
Intelligence, Privacy, and the Fourth Amendment
Author: Anthony Gregory
Publisher: University of Wisconsin Pres
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.
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
Author: David Gray
Publisher: Cambridge University Press
This treatise is an accessible and authoritative resource for scholars, judges, practitioners, and others on the Fourth Amendment. It comprehensively treats Supreme Court case law and offers a structural approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? When is it satisfied? When does the exclusionary rule apply? The treatise offers ready access to current doctrine. The historical events and the development of search and seizure principles over time provide perspective. Fourth Amendment jurisprudence is in constant change and this second edition incorporates all Supreme Court developments since the first edition, including important cases on the definition of a “search,” searches of vehicles, exigent circumstances, dog searches, and the exclusionary rule. It also adds hundreds of lower court cases.The second edition includes a new introductory section on digital evidence in Chapter 1, highlighting the increasing importance of such evidence, and has additional treatment of digital evidence throughout. Although the structure of the first edition has been retained, every section of the new edition has new material and many of sections have been substantially revised.
Its History and Interpretation
Author: Thomas K. Clancy
In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking, and education records, just to name a few. Questions have been raised whether this doctrine is still viable in light of the major technological and social changes over the past several decades.
Author: Richard Thompson II
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Publisher: Oxford University Press
Category: Political Science
California's Constitution has been one of the most influential constitutions in the nation and has been amended and interpreted in many different ways. This definitive, easy-to-use reference by distinguished scholars should be a standard guide for lawyers, students, and for the citizenry in considering their votes on ballot questions. The constitutional history gives a solid overview of the development of this fundamental body of law and the article-by-article commentary with text provides incisive analysis. The short bibliography, table of cases, and full index increase the usefulness of this authoritative reference.
A Reference Guide
Author: Joseph R. Grodin,Calvin R. Massey,Richard B. Cunningham
Publisher: Greenwood Publishing Group
Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen. In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its limits, men who strove to lead the new nation even as they had to defer to the great body of the people and learn with them the possibilities and limitations of politics. Bernstein deftly traces the dynamic forces that molded these men and their contemporaries as British colonists in North America and as intellectual citizens of the Atlantic civilization's Age of Enlightenment. He analyzes the American Revolution, the framing and adoption of state and federal constitutions, and the key concepts and problems--among them independence, federalism, equality, slavery, and the separation of church and state--that both shaped and circumscribed the founders' achievements as the United States sought its place in the world.
Author: R. B. Bernstein
Publisher: Oxford University Press