The Fourth Amendment In Flux

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The Fourth Amendment in Flux

Author : Michael C. Gizzi
Publisher : University Press of Kansas
ISBN 13 : 0700622578
Total Pages : 200 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Fourth Amendment in Flux by : Michael C. Gizzi

Download or read book The Fourth Amendment in Flux written by Michael C. Gizzi and published by University Press of Kansas. This book was released on 2016-06-17 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.

Review

Author : Michelle Cosby
Publisher :
ISBN 13 :
Total Pages : 2 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Review by : Michelle Cosby

Download or read book Review written by Michelle Cosby and published by . This book was released on 2017 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fourth Amendment

Author : Charles M. Wetterer
Publisher :
ISBN 13 : 9780894909245
Total Pages : 136 pages
Book Rating : 4.9/5 (92 download)

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Book Synopsis The Fourth Amendment by : Charles M. Wetterer

Download or read book The Fourth Amendment written by Charles M. Wetterer and published by . This book was released on 1998 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the rights against unreasonable search and seizure granted to United States citizens under the Fourth Amendment to the Constitution. The author provides historical context and descriptions of the people involved in the passage of this important amendment. Examples showing how the Fourth Amendment is applied in today's modern technological society are provided.

The Fourth Amendment

Author : Dean Galiano
Publisher : The Rosen Publishing Group, Inc
ISBN 13 : 1448823250
Total Pages : 64 pages
Book Rating : 4.4/5 (488 download)

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Book Synopsis The Fourth Amendment by : Dean Galiano

Download or read book The Fourth Amendment written by Dean Galiano and published by The Rosen Publishing Group, Inc. This book was released on 2011-01-15 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Fourth Amendment which empowers the people as it guarantees interdiction of unreasonable search and seizure.

The Fourth Amendment

Author : Thomas K. Clancy
Publisher :
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.F/5 ( download)

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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 and published by . This book was released on 2008 with total page 752 pages. 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.

The Evolution of the Fourth Amendment

Author : Thomas McInnis
Publisher : Lexington Books
ISBN 13 : 0739129775
Total Pages : 332 pages
Book Rating : 4.7/5 (391 download)

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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 and published by Lexington Books. This book was released on 2010-09 with total page 332 pages. 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 Fourth Amendment

Author : William John Cuddihy
Publisher :
ISBN 13 : 9780199867448
Total Pages : 940 pages
Book Rating : 4.8/5 (674 download)

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Book Synopsis The Fourth Amendment by : William John Cuddihy

Download or read book The Fourth Amendment written by William John Cuddihy and published by . This book was released on 2009 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unreasonable Search and Seizure

Author : Hallie Murray
Publisher : Enslow Publishing, LLC
ISBN 13 : 0766085562
Total Pages : 50 pages
Book Rating : 4.7/5 (66 download)

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Book Synopsis Unreasonable Search and Seizure by : Hallie Murray

Download or read book Unreasonable Search and Seizure written by Hallie Murray and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some people believe that the USA PATRIOT Act and Homeland Security Act, passed after the 9/11 terrorist attacks, violate the Fourth Amendment, which guarantees that US citizens have the right to be secure in their persons, houses, papers, and belongings against unreasonable searches and seizures. Through full-color and black-and-white photos, engaging text, and primary sources, this book examines the events leading up to the creation and ratification of the Fourth Amendment and its impact on modern American life, including how the Supreme Court must balance the rights of the individual against the needs of the government to keep the nation safe and how technological advances affect our privacy. Sidebars, a list of all ten Bill of Rights, and a glossary are also included.

Reconstructing the Fourth Amendment

Author : Andrew E. Taslitz
Publisher : NYU Press
ISBN 13 : 0814783260
Total Pages : 377 pages
Book Rating : 4.8/5 (147 download)

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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 and published by NYU Press. This book was released on 2009-03 with total page 377 pages. 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.

The Fourth Amendment

Author : Paula Angle Franklin
Publisher :
ISBN 13 : 9780382241826
Total Pages : 150 pages
Book Rating : 4.2/5 (418 download)

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Book Synopsis The Fourth Amendment by : Paula Angle Franklin

Download or read book The Fourth Amendment written by Paula Angle Franklin and published by . This book was released on 1991 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the origins of the Fourth Amendment, which speaks of citizens' rights in the matter of search and seizure.

The Fourth, Fifth and Sixth Amendments, Recent Developments

Author :
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Fourth, Fifth and Sixth Amendments, Recent Developments by :

Download or read book The Fourth, Fifth and Sixth Amendments, Recent Developments written by and published by . This book was released on 1991 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fourth Amendment

Author : Michael J. Zydney Mannheimer
Publisher :
ISBN 13 : 9780472076338
Total Pages : 0 pages
Book Rating : 4.0/5 (763 download)

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Book Synopsis The Fourth Amendment by : Michael J. Zydney Mannheimer

Download or read book The Fourth Amendment written by Michael J. Zydney Mannheimer and published by . This book was released on 2023-08-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Untangling how the Fourth and Fourteenth Amendments have influenced US Policing

The Fourth Amendment Third-Party Doctrine

Author : Richard Thompson II
Publisher : CreateSpace
ISBN 13 : 9781503009066
Total Pages : 30 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Fourth Amendment Third-Party Doctrine by : Richard Thompson II

Download or read book The Fourth Amendment Third-Party Doctrine written by Richard Thompson II and published by CreateSpace. This book was released on 2014-10-31 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Use and Abuse of Police Power in America

Author : Gina Robertiello
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440843732
Total Pages : 385 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis The Use and Abuse of Police Power in America by : Gina Robertiello

Download or read book The Use and Abuse of Police Power in America written by Gina Robertiello and published by Bloomsbury Publishing USA. This book was released on 2017-05-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a timely and much-needed investigation of how U.S. law enforcement carries out its public safety and crime fighting mandates, this book is an invaluable resource for students, educators, and concerned citizens. Does America face an epidemic of police officers abusing their powers and disregarding constitutional rights, especially in communities of color? Or are such accusations unfair, especially given the enormous challenges of enforcing the law in 21st-century America? This book provides a unique frame of reference for understanding how some of the issues between the police and the public emerged, identifying events that have shaped current relationships between the police and the public, as well as the public's expectations and perceptions of the police. An authoritative resource for understanding modern law enforcement and its relationship with American communities, this volume addresses subjects including the legal underpinnings of various law enforcement actions and practices; the so-called militarization of police departments; the increased use of force and surveillance to combat crime and terrorism, and to generally "keep the peace"; and the perspectives of Black Lives Matter activists and other critics of American law enforcement. The entries provide readers with expert analysis of current topics related to the intensifying debate about the American police state; examine the scope of law enforcement issues that have existed for centuries, and explain why they continue to exist; and cover new mandates for exercising police power, enabling readers to critically analyze what is presented to them in the media. Included throughout the book are excerpts from important laws, speeches, reports, and studies pertaining to the subject of the use and abuse of police power in the United States

The Law of American State Constitutions

Author : Robert Williams
Publisher : Oxford University Press
ISBN 13 : 0199711305
Total Pages : 456 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Law of American State Constitutions by : Robert Williams

Download or read book The Law of American State Constitutions written by Robert Williams and published by Oxford University Press. This book was released on 2009-10-22 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.

The Fourth Amendment in an Age of Surveillance

Author : David Gray
Publisher : Cambridge University Press
ISBN 13 : 1107133238
Total Pages : 319 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Fourth Amendment in an Age of Surveillance by : David Gray

Download or read book The Fourth Amendment in an Age of Surveillance written by David Gray and published by Cambridge University Press. This book was released on 2017-04-24 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.

Contacts Between Police and the Public (2005)

Author : Matthew R. Durose
Publisher : DIANE Publishing
ISBN 13 : 1437921175
Total Pages : 14 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Contacts Between Police and the Public (2005) by : Matthew R. Durose

Download or read book Contacts Between Police and the Public (2005) written by Matthew R. Durose and published by DIANE Publishing. This book was released on 2010-02 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents data on the nature and characteristics of contacts between residents of the U.S. and the police over a 12-month period. More than 60,000 individuals age 16 or older participated in a nationally survey. Detailed findings on face-to-face contacts with police include the reason for and outcome of the contact, resident opinion on police behavior during the contact, and whether police used or threatened to use force during the contact. The document contains demographic characteristics of residents involved in traffic stops and use-of-force incidents and provides comparative analysis with prior survey findings. Overall, the study found that about 9 out of 10 people who had contact with police in 2005 felt that the police acted properly. Tables.