The Evolution of the Fourth Amendment

Nonfiction, Reference & Language, Law, Constitutional, Religion & Spirituality, Philosophy, Political, Social & Cultural Studies, Political Science
Cover of the book The Evolution of the Fourth Amendment by Thomas N. McInnis, Lexington Books
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Thomas N. McInnis ISBN: 9780739129784
Publisher: Lexington Books Publication: June 16, 2009
Imprint: Lexington Books Language: English
Author: Thomas N. McInnis
ISBN: 9780739129784
Publisher: Lexington Books
Publication: June 16, 2009
Imprint: Lexington Books
Language: English

This book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the Supreme Court. It concentrates on the changes in interpretation that have taken place after the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule, which makes illegally seized evidence inadmissible in court, to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that prior to Mapp the Court relied on the warrant rule, which with limited exceptions emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government's powers to search and seize under the Fourth Amendment by developing new exceptions to the warrant rule, developing both the reasonableness approach and special needs test to the Fourth Amendment, limiting the expectations of privacy that citizens have, and narrowing those areas actually protected by the amendment. McInnis also examines how the Court has limited the effect of the exclusionary rule by reinterpreting when it needs to be applied and by creating new exceptions. The book ends by examining the emerging Fourth Amendment jurisprudence of the Roberts Court and assessing the future of the Fourth Amendment in a post-9/11 world.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the Supreme Court. It concentrates on the changes in interpretation that have taken place after the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule, which makes illegally seized evidence inadmissible in court, to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that prior to Mapp the Court relied on the warrant rule, which with limited exceptions emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government's powers to search and seize under the Fourth Amendment by developing new exceptions to the warrant rule, developing both the reasonableness approach and special needs test to the Fourth Amendment, limiting the expectations of privacy that citizens have, and narrowing those areas actually protected by the amendment. McInnis also examines how the Court has limited the effect of the exclusionary rule by reinterpreting when it needs to be applied and by creating new exceptions. The book ends by examining the emerging Fourth Amendment jurisprudence of the Roberts Court and assessing the future of the Fourth Amendment in a post-9/11 world.

More books from Lexington Books

Cover of the book Race, Reality, and Realpolitik by Thomas N. McInnis
Cover of the book The Commerce of Peoples by Thomas N. McInnis
Cover of the book True Freedom by Thomas N. McInnis
Cover of the book Single Mothers in Contemporary Japan by Thomas N. McInnis
Cover of the book The Horse in Literature and Film by Thomas N. McInnis
Cover of the book Just Revolution by Thomas N. McInnis
Cover of the book Zhang Zai's Philosophy of Qi by Thomas N. McInnis
Cover of the book Muslim Uyghur Students in a Chinese Boarding School by Thomas N. McInnis
Cover of the book Central Asian Cultures, Arts, and Architecture by Thomas N. McInnis
Cover of the book Contemporary Anti-Muslim Politics by Thomas N. McInnis
Cover of the book Mediated Nostalgia by Thomas N. McInnis
Cover of the book Netflix Nostalgia by Thomas N. McInnis
Cover of the book Dark Ideas by Thomas N. McInnis
Cover of the book Abolition of Nuclear Weapons as a Moral Imperative by Thomas N. McInnis
Cover of the book The Language of Strong Black Womanhood by Thomas N. McInnis
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy