Full Description
This textbook provides a comprehensive exploration of the US Supreme Court's Fourth Amendment jurisprudence, tracing its evolution from English common law origins to contemporary applications. It examines the historical foundations, development, and enduring principles that underpin this critical constitutional provision, offering readers essential insights into the balance between individual rights and governmental authority.
Organized chronologically and thematically, the book presents detailed case summaries with narrative explanations and commentary, enabling readers to discern an iterative process in the development of important Fourth Amendment principles. It explores the theoretical foundations of the rule of constitutional law for protections against unreasonable searches and seizures, judicial oversight and accountability measures for violations. This book examines pivotal transformations over succeeding historical periods in the Court's perspectives of the Fourth Amendment's textual elements and applicable remedies. Scholarly observations and dissenting opinions provide alternative perspectives to the Court's rulings, contextualizing jurisprudence within broader changes in American law enforcement and crime policy.
Ideal for upper-level students in law, criminal justice, history and political science programs, this book equips readers with the tools to analyze the Fourth Amendment's enduring relevance and implications for the American legal system, providing accessible context for understanding landmark decisions encountered in legal studies coursework.
Contents
1. Antecedent Events To 54 Words 2. Jurisprudence To Early 1920s 3. Impact Of Prohibition Enforcement 4. Jurisprudence Beyond Prohibition To 1961 5. State Search and Seizure Constitutional Authority To 1961 6. Fourth Amendment Searches—Since 1961 7. Warrant Clause Requirements—Since 1961 8. Search Warrant Exceptions: Consent & Exigency—Since 1961 9. Automobile & Search Incident to Arrest Exceptions—Since 1961 10. Suspicionless Searches and Seizures: Administrative Searches, Community-Care-Taking, Emergency Aid 11. Suspicionless Searches and Seizures: Special Needs, Traffic Checkpoints, Legal Status 12. Seizure Of a Person—Since 1961 13. Investigative Detentions—Antecedents and Terry v. Ohio 14. Reasonable Suspicion for Investigative Stop 15. Frisks And Limitations on Investigative Stops 16. Arrest Requirements—Jurisprudence Since 1961 17. Measures Of Accountability & Standing—Since 1961 18. Exclusionary Rule—Since 1961 19. Liability For Civil Rights Violations—Since 1961 20. Qualified Immunity for Civil Rights Violations 21. Conclusions
