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Fourth Amendment in Flux.

By: Gizzi, Michael C.
Material type: TextTextSeries: JSTOR eBooks.Publisher: University Press of Kansas, 2016Description: 1 online resource.Content type: text Media type: computer Carrier type: online resourceISBN: 0700622586; 9780700622580.Subject(s): Searches and seizures -- United States -- CasesAdditional physical formats: Print version:: No titleDDC classification: 345.73/0522 Online resources: Click here to view this ebook.
Contents:
Explaining the Roberts court's fourth amendment jurisprudence -- Setting the stage -- The Burger court and the rise of a jurisprudence of crime control -- The war on drugs and the triumph of the Rehnquist court -- The Roberts court in flux -- The jurisprudence of crime control on the Roberts court -- Reining in the excesses of crime control -- Toward the future.
Summary: "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"-- Provided by publisher.
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Electronic Book UT Tyler Online
Online
KF9630 .G59 2016 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1c2cqq6 Available ocn949989490

Print version record.

Explaining the Roberts court's fourth amendment jurisprudence -- Setting the stage -- The Burger court and the rise of a jurisprudence of crime control -- The war on drugs and the triumph of the Rehnquist court -- The Roberts court in flux -- The jurisprudence of crime control on the Roberts court -- Reining in the excesses of crime control -- Toward the future.

"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"-- Provided by publisher.

Reviews provided by Syndetics

CHOICE Review

US Supreme Court decisions regarding the Fourth Amendment balance privacy with crime control. This is a fine line, especially as technology has developed and changed. This volume tracks the rise of the crime control interpretation of the Fourth Amendment from the 1960s onward. The court's makeup has changed the interpretation of the theory of crime control, especially regarding technological devices. With this brief history of the court and justices, as well as case briefs written to lend understanding, Gizzi (Illinois State Univ.) and Curtis (Bradley Univ.) track changes in a way that shows the impact on average citizens. This book was published shortly after Justice Scalia's death, and the authors acknowledge the importance of his influence on the changing face of interpretation of the Fourth Amendment. Summing Up: Recommended. Lower-division undergraduates through faculty. --Jamie Marie Keller-Aschenbach, Florida Coastal School of Law

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