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Encyclopedia Of The Fourth Amendment

Author : John R. Vile
ISBN : 9781604265897
Genre : Law
File Size : 69.73 MB
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Presents the political, historical, and cultural significance of the Fourth Amendment.
Category: Law

Reconstructing The Fourth Amendment

Author : Andrew E. Taslitz
ISBN : 0814783155
Genre : Law
File Size : 77.50 MB
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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.
Category: Law

The Evolution Of The Fourth Amendment

Author : Thomas N. McInnis
ISBN : 9780739129777
Genre : Law
File Size : 70.54 MB
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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.
Category: Law

The Fourth Amendment

Author : Charles M. Wetterer
ISBN : 089490924X
Genre : Juvenile Nonfiction
File Size : 39.52 MB
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Shows how the Fourth Amendment of the United States Constitution has been historically interpreted by the judicial system and presents cases which illustrate how it is currently being applied.
Category: Juvenile Nonfiction

Search And Seizure

Author : Wayne R. LaFave
ISBN : STANFORD:36105060604845
Genre : Law
File Size : 85.41 MB
Format : PDF
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Category: Law

American Surveillance

Author : Anthony Gregory
ISBN : 9780299308803
Genre : Law
File Size : 86.62 MB
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A nuanced history and analysis of intelligence-gathering versus privacy rights.
Category: Law

More Essential Than Ever

Author : Stephen J. Schulhofer
ISBN : 9780195392128
Genre : Law
File Size : 88.75 MB
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In this book, Stephen Shulhofer explores the changes wrought by the new surveillance regime through the lens of the Fourth Amendment's meaning and history. companies and the state use to scrutinize us, this book makes a powerful case for the importance of the Fourth Amendment in protecting both privacy rights and civil liberties in our surveillance age.
Category: Law

The Fourth Amendment

Author : Dean Galiano
ISBN : 9781448823253
Genre : Juvenile Nonfiction
File Size : 66.91 MB
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This book is an introduction to the Fourth Amendment which empowers the people as it guarantees interdiction of unreasonable search and seizure.
Category: Juvenile Nonfiction

Protecting The U S Perimeter

Author : Yule Kim
ISBN : 9781437920543
Genre :
File Size : 34.2 MB
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The 4th Amend. requires that a search or seizure conducted by a governmental agent be reasonable and supported by probable cause. Few exceptions to the presumptive warrant and probable cause requirements are more firmly rooted than the ¿border search¿ exception. This allows officials to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search. This report first outlines the statutes authorizing certain fed. officers to conduct warrantless searches. It then addresses the scope of the gov¿t. constitutional authority to search and seize persons and property at the border. It also describes the levels of suspicion generally required for each type of border search.

Privacy At Risk

Author : Christopher Slobogin
ISBN : 9781459627062
Genre :
File Size : 64.75 MB
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Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e - mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment's prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government's ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.