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Looks at the reasons for the adoption of the Fourth Amendment, describes the laws it sets forth, and discusses challenges to and violations of the amendment.
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.
This book aims to provide critical information about the U.S. Constitution, with special emphasis on search and seizure. It will help law enforcement officers to increase their legal knowledge about search and seizure and create a framework for effective problem solving and decision making in the field. It is practically written and focuses on practical ideas. To help the reader develop analytic abilities for practice, brief quotations from U.S. Supreme Court cases reveal legal reasoning by justices. An important feature of the book is the translation of the U.S. Supreme Court cases into practical guidance. Captions for sections allow the reader to locate materials on topics of concern, such as conducting search and seizure in a particular context. The organization of the book facilitates both learning and teaching. There are also legal and criminal justice terms that are defined for the reader. Close to one hundred U.S. Supreme Court cases are reviewed, and a list of cases by chapter is also provided. It will be useful to not only trainees and students but also to experienced veterans in providing an in-depth understanding of the Fourth Amendment and the underlying principles, which is essential for making effective judgments in real-life law enforcement situations. It also provides attorneys, forensic specialists, and law enforcement personnel already in the field with valuable information for professional development.
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.
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.
This book is an introduction to the Fourth Amendment which empowers the people as it guarantees interdiction of unreasonable search and seizure.
A timely, historical look at Fourth Amendment jurisprudence, covering more than two centuries of search-and-seizure law, from landmark judicial decisions to enduring controversies. Unreasonable Searches and Seizures: Rights and Liberties under the Law provides a comprehensive exploration of the development of the Fourth Amendment from the late 18th century to the present. The work clearly explains complex legal questions and pivotal judicial decisions, illustrating the controversial nature of Fourth Amendment issues and differentiating between reasonable and unreasonable searches and seizures. Presenting a wealth of cases and examples, the authors analyze important developments, such as the impact of the Supreme Court's decision in Weeks v. United States (prohibiting federal courts from admitting evidence obtained in violation of the Amendment), the expansion of Fourth Amendment protections in the 1960s, the apparent weakening of rights since the early 1970s, and the contraction of the exclusionary rule in response to the war on drugs and the war on terror.
How the Supreme Court’s decision to treat unreasonable policing as reasonable under the Fourth Amendment has shortened the distance between life and death for Black people The summer of 2020 will be remembered as an unprecedented, watershed moment in the struggle for racial equality. Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a groundbreaking investigation of the role that the law—and the U.S. Constitution—play in the epidemic of police violence against Black people. In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct—more important than Miranda warnings, the right to counsel, equal protection and due process. Fourth Amendment law determines when and how the police can make arrests, and it determines the precarious line between stopping Black people and killing Black people. A leading light in the critical race studies movement, Carbado looks at how that text, in the last four decades, has been interpreted by the Supreme Court to protect police officers, not African Americans; how it sanctions search and seizure as well as profiling; and how it has become, ultimately, an amendment of life and death. Accessible, radical, and essential reading, Unreasonable sheds light on a rarely understood dimension of today’s most pressing issue.
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.