The Fourth Amendment: searches and seizures : its constitutional history and the contemporary debate /

For decades, legal scholars and Supreme Court justices have debated the meaning of the Fourth Amendment. This debate has taken on particular significance today in the wake of terrorist threats to our national security. The way the Court interprets the amendment has a direct impact on all those whose...

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Bibliographic Details
Other Authors: Lee, Cynthia, 1961-
Format: Book
Published: Amherst, N.Y. : Prometheus Books, ©2011
Series:Bill of Rights series (Amherst, N.Y.)
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Table of Contents:
  • pt. I. Historical background
  • 1. What can history teach us about the meaning of the Fourth Amendment?
  • Introduction
  • Fourth amendment first principles / Akhil Reed Amar
  • Recovering the original Fourth Amendment / Thomas Y. Davies
  • The Fourth Amendment: origins and original meaning 602-1791 / William J. Cuddihy
  • Second thoughts about first principles / Carol S. Steiker
  • Perspectives on the Fourth Amendment / Anthony G. Amsterdam
  • The Fourth Amendment and common law / David A. Sklansky
  • pt. II. The Fourth Amendment today
  • 2. What constitutes a "search"?
  • Katz and the origins of the "reasonable expectation of privacy" test / Peter Winn
  • Four models of Fourth Amendment protection / Orin S. Kerr
  • The distribution of Fourth Amendment privacy / William J. Stuntz
  • What is a search? Two conceptual flaws in Fourth Amendment doctrine and some hints of a remedy / Sherry F. Colb
  • Digital dossiers and the dissipation of Fourth Amendment privacy / Daniel J. Solove
  • The Supreme Court, criminal procedure, and judicial integrity / Stephen A. Saltzburg
  • Open fields in the inner city: application of the Curtilage Doctrine to urban and suburban areas / Carrie Leonetti
  • 3. What constitutes a "seizure"?
  • Introduction
  • The Supreme Court's search for a definition of a seizure: what is "seizure" of a person within the meaning of the Fourth Amendment? / Thomas K. Clancy
  • (E)racing the Fourth Amendment / Devon W. Carbado
  • "Black and blue encounters": some preliminary thoughts about Fourth Amendment seizures: should race matter? / Tracey Meclin
  • No need to shout: bus sweeps and the psychology of coercion / Janice Nadler
  • 4. Terry stops and frisks
  • Terry v. Ohio at thirty-five: a revisionist view / Lewis R. Katz
  • Stopping the usual suspects: race and the Fourth Amendment / Anthony C. Thomson
  • Terry v. Ohio, the Warren Court, and the Fourth Amendment: a law clerk's perspective / Earl C. Dudley Jr.
  • Let's not bury Terry: a call for rejuvenation of the proportionality principle / Christopher Slobogin
  • 5. Racial profiling
  • Introduction
  • "Driving while black" and all other traffic offenses: the Supreme Court and pretextual traffic stops / David A. Harris
  • "Walking while black": encounters with the police on my street / Paul Butler
  • Cultural context matters: Terry's "seesaw effect" / Frank Rudy Cooper
  • Profiling terror / Sharon L. Davies
  • 6. The exclusionary rule
  • Introduction
  • The road to Mapp v. Ohio and beyond: the origins, development and future of the exclusionary rule in search-and-seizure cases / Potter Stewart
  • The exclusionary rule on the scaffold: but was it a fair trial? / Silas Wasserstrom and William J. Mertens
  • The end of the exclusionary rule, among other things: the Roberts Court takes on the Fourth Amendment / David A. Moran
  • The exclusionary rule / Guido Calabresi
  • pt. III. The future of the Fourth Amendment
  • 7. The Fourth Amendment and new technologies
  • Introduction
  • The Fourth Amendment and new technologies: constitutional myths and the case for caution / Orin S. Kerr
  • A world without privacy: why property does not define the limits of the right against unreasonable searches and seizures / Sherry F. Colb
  • Paradigms of restraint / Erin Murphy
  • Peeping Techno-Toms and the Fourth Amendment: seeing through Kyllo's rules governing technological surveillance / Christopher Slobogin
  • Discretionless policing: technology and the Fourth Amendment / Elizabeth E. Job
  • 8. The Fourth Amendment and the war on terror
  • Introduction
  • The System of Foreign Surveillance Law / Peter P. Swire
  • Protecting the unpopular from the unreasonable: warrantless monitoring of attorney client communications in federal prisons / Teri Dobbins
  • The detention of material witnesses and the Fourth Amendment / Joseph G. Cook
  • The cowboy and the cop: the saga of Dudley Hiibel, 9/11, and the vanishing Fourth Amendment
  • 9. New directions for the Fourth Amendment
  • Introduction
  • The return of reasonableness: saving the Fourth Amendment from the Supreme Court / Melanie D. Wilson
  • Everyman's Fourth Amendment: privacy or mutual trust between government and citizen? / Scott E. Sundby
  • Human dignity under the Fourth Amendment / John D. Castiglione
  • Respect and the Fourth Amendment / Andrew E. Taslitz
  • Reasonableness and objectivity: a feminist discourse of the Fourth Amendment / Dana Raigrodski
  • Appendices: Constitution of the United States of America
  • The Amendments to the Constitution