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Author: Michael C. Gizzi Publisher: University Press of Kansas ISBN: 0700622578 Category : Political Science Languages : en Pages : 200
Book Description
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.
Author: Michael C. Gizzi Publisher: University Press of Kansas ISBN: 0700622578 Category : Political Science Languages : en Pages : 200
Book Description
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.
Author: Charles M. Wetterer Publisher: ISBN: 9780894909245 Category : Juvenile Nonfiction Languages : en Pages : 136
Book Description
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.
Author: Thomas K. Clancy Publisher: ISBN: Category : Law Languages : en Pages : 752
Book Description
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.
Author: Thomas McInnis Publisher: Lexington Books ISBN: 0739129775 Category : Searches and seizures Languages : en Pages : 332
Book Description
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.
Author: Dean Galiano Publisher: The Rosen Publishing Group, Inc ISBN: 1448823250 Category : Juvenile Nonfiction Languages : en Pages : 66
Book Description
This book is an introduction to the Fourth Amendment which empowers the people as it guarantees interdiction of unreasonable search and seizure.
Author: Stephen J. Schulhofer Publisher: Oxford University Press ISBN: 0195392124 Category : Law Languages : en Pages : 214
Book Description
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.
Author: Doreen Gonzales Publisher: Enslow Publishers, Inc. ISBN: 9781598450620 Category : Juvenile Nonfiction Languages : en Pages : 132
Book Description
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.
Author: Otis H. Stephens Jr. Publisher: Bloomsbury Publishing USA ISBN: 185109508X Category : Law Languages : en Pages : 478
Book Description
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.
Author: Hallie Murray Publisher: Enslow Publishing, LLC ISBN: 0766087336 Category : Juvenile Nonfiction Languages : en Pages : 50
Book Description
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.
Author: Michael C. Gizzi
Author: Michael C. Gizzi
Author: Michelle Cosby
Author: Charles M. Wetterer
Author: Thomas K. Clancy
Author: Thomas McInnis
Author: Dean Galiano
Author: Stephen J. Schulhofer
Author: Doreen Gonzales
Author: Otis H. Stephens Jr.
Author: Hallie Murray