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This second edition of the Fourth Amendment Handbook examines the 384 U.S. Supreme Court cases pertaining to the Fourth Amendment through 2002.
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.
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
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.
A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.
This text is a functional and sensible guide to understanding the complicated laws of search and seizure. Rutledge discusses the latest law and court decisions and tells readers how to apply legal rules to the real world of everyday policing. The text covers exclusionary rules, twenty-seven search warrant exceptions, search warrant applications (service and return), report writing, saving a case from error, testifying at the suppression hearing, and more!
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
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.