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The Evolution of the Fourth Amendment

2010-09 Searches and seizures
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Release : 2010-09
Genre : Searches and seizures
Kind : eBook
Book Rating : 775/5 ( reviews)

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Book Synopsis The Evolution of the Fourth Amendment by : Thomas McInnis

Download or read book The Evolution of the Fourth Amendment written by Thomas McInnis. This book was released on 2010-09. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The History and Development of the Fourth Amendment to the United States Constitution

1937 Constitutional amendments
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Release : 1937
Genre : Constitutional amendments
Kind : eBook
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Book Synopsis The History and Development of the Fourth Amendment to the United States Constitution by : Nelson Bernard Lasson

Download or read book The History and Development of the Fourth Amendment to the United States Constitution written by Nelson Bernard Lasson. This book was released on 1937. Available in PDF, EPUB and Kindle. Book excerpt:

The History And Development Of The Fourth Amendment To The United States Constitution

1970-01-21 Law
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Release : 1970-01-21
Genre : Law
Kind : eBook
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Book Synopsis The History And Development Of The Fourth Amendment To The United States Constitution by : Nelson B. Lasson

Download or read book The History And Development Of The Fourth Amendment To The United States Constitution written by Nelson B. Lasson. This book was released on 1970-01-21. Available in PDF, EPUB and Kindle. Book excerpt:

The Fourth Amendment

2008 Law
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Release : 2008
Genre : Law
Kind : eBook
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Book Synopsis The Fourth Amendment by : Thomas K. Clancy

Download or read book The Fourth Amendment written by Thomas K. Clancy. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reconstructing the Fourth Amendment

2009-03 Law
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Release : 2009-03
Genre : Law
Kind : eBook
Book Rating : 260/5 ( reviews)

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Book Synopsis Reconstructing the Fourth Amendment by : Andrew E. Taslitz

Download or read book Reconstructing the Fourth Amendment written by Andrew E. Taslitz. This book was released on 2009-03. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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