• Law

The Fourth Amendment

Origins and Original Meaning, 602-1791
Author: William John Cuddihy
Publisher: Oxford University Press, USA
ISBN: 9780195367195
Category: Law
Page: 940
View: 6059
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.

    • Law

Unwarranted

Policing Without Permission
Author: Barry Friedman
Publisher: Macmillan
ISBN: 0374280452
Category: Law
Page: 448
View: 3641
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.

    • Reference

Encyclopedia of the Fourth Amendment


Author: John R. Vile,David L. Hudson Jr.
Publisher: CQ Press
ISBN: 1506340075
Category: Reference
Page: 928
View: 2666
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

    • Law

The Supreme Court and the Fourth Amendment's Exclusionary Rule


Author: Tracey Maclin
Publisher: Oxford University Press
ISBN: 0199969450
Category: Law
Page: 368
View: 9509
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.

    • Law

Reconstructing the Fourth Amendment

A History of Search and Seizure, 1789-1868
Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 9780814783153
Category: Law
Page: 363
View: 985
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.

    • Fiction

Paint it Today


Author: Hilda Doolittle
Publisher: NYU Press
ISBN: 9780814734889
Category: Fiction
Page: 96
View: 2682
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.

    • Law

American Surveillance

Intelligence, Privacy, and the Fourth Amendment
Author: Anthony Gregory
Publisher: University of Wisconsin Pres
ISBN: 0299308804
Category: Law
Page: 279
View: 6926
A nuanced history and analysis of intelligence-gathering versus privacy rights.

    • Law

Search and seizure


Author: John Wesley Hall
Publisher: N.A
ISBN: N.A
Category: Law
Page: N.A
View: 6557

    • Law reports, digests, etc

West's South Eastern Reporter


Author: N.A
Publisher: N.A
ISBN: N.A
Category: Law reports, digests, etc
Page: N.A
View: 6101

    • Law

Making Sense of Search and Seizure Law

A Fourth Amendment Handbook
Author: Phillip A. Hubbart
Publisher: N.A
ISBN: N.A
Category: Law
Page: 398
View: 2947
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

Criminal Law Series


Author: N.A
Publisher: N.A
ISBN: N.A
Category: Criminal law
Page: N.A
View: 7906
Petitions and briefs filed with the U.S. Supreme Court.


    • Law

Search & seizure


Author: Ronald M. Price
Publisher: N.A
ISBN: N.A
Category: Law
Page: 684
View: 2528


    • History

Original Intent and the Framers' Constitution


Author: Leonard W. Levy
Publisher: Ivan R. Dee
ISBN: 1461730287
Category: History
Page: 543
View: 1049
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.

    • Architecture

William Blackstone

Law and Letters in the Eighteenth Century
Author: Wilfrid R. Prest
Publisher: Oxford University Press
ISBN: 0199550298
Category: Architecture
Page: 355
View: 9266
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.

The Fourth Amendment Third-Party Doctrine


Author: Richard Thompson II
Publisher: CreateSpace
ISBN: 9781503009066
Category:
Page: 30
View: 5058
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.

    • History

Lethal Imagination

Violence and Brutality in American History
Author: Michael A. Bellesiles
Publisher: NYU Press
ISBN: 0814712959
Category: History
Page: 453
View: 9386
Examining the role of violence in America's past, this collection of essays explores its history and development from slave patrols in the colonial South to gun ownership in the 20th century. The contributors focus not only on individual acts such as domestic violence, murder, duelling, frontier vigilantism and rape, but also on group and state-led acts such as lynchings, slave uprisings, the establishment of rifle clubs, legal sanctions of heterosexual aggression, and invasive medical experiments on women's bodies.

    • Religion

Farewell to Christendom

The Future of Church and State in America
Author: Thomas J. Curry
Publisher: Oxford University Press
ISBN: 9780198033325
Category: Religion
Page: 160
View: 6146
Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, and judicial interpretation is in a state of disarray. Here, Curry provides a new paradigm for the understanding and exploration of religious liberty, contending that much of the present confusion can be traced to habits of mind that persist from Christendom and inevitably draw government into religious matters. The First Amendment, however, was meant to be a departure from the thinking that had preceded it for nearly fifteen hundred years. Curry traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the amendment created a right--the right to free exercise of religion--and that the courts are the guardians of that right. The First Amendment is, in fact, a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right. Here, Curry shows that the key to finding more coherence between Church-State decisions and the historical meaning and purpose of the First Amendment lies in embracing this understanding of the Amendment as a limitation on government.

    • Law

The California State Constitution

A Reference Guide
Author: Joseph R. Grodin,Calvin R. Massey,Richard B. Cunningham
Publisher: Greenwood Publishing Group
ISBN: 9780313272288
Category: Law
Page: 372
View: 3196
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.