Unreasonable Searches and Seizures: Rights

Imagine the police forcibly entering your home or otherwise violating your privacy-without a warrant, probable cause, or reasonable suspicion. The Fourth Amendment bars such blatant intrusions, but its protections are in danger today. This volume discusses the significance of search and seizure legislation and explores the evolution of the Amendment from the 1800s to the present. It also charts recent legal developments and the perceived adverse effect on our liberties of the Patriot Act.

Series Foreword

xi

Preface

xxi

Acknowledgments

xxvii

Introduction

1

(18)

The Fourth Amendment in a Dynamic Society

5

(4)

Probable Cause and the Warrant Requirement

9

(3)

Warrantless Searches

12

(3)

Investigatory Detention

15

(1)

Conclusion

16

(1)

References and Further Reading

16

(3)

Origins

19

(46)

Introduction

19

(11)

English Background of Search and Seizure Law

30

(4)

Colonial Background: The Writs of Assistance Case

34

(4)

Revolutionary Background of Search and Seizure Law

38

(9)

The Framing and Adoption of the Fourth Amendment

47

(3)

Early Constitutional Development of Search and Seizure Law

50

(8)

Conclusion

58

(3)

References and Further Reading

61

(4)

Twentieth-Century Issues

65

(122)

Introduction

65

(3)

The Search and Seizure Clause

68

(3)

The Warrant Clause

71

(12)

Exceptions to the Warrant Requirement

83

(61)

Electronic Surveillance

144

(14)

The Exclusionary Rule

158

(22)

Conclusion

180

(3)

References and Further Reading

183

(4)

The Twenty-first Century

187

(58)

Introduction

187

(5)

September 11, 2001: Potential Impact on the Fourth Amendment

192

(4)

The Warrant Clause

196

(8)

Exceptions to the Warrant Requirement

204

(29)

Electronic Surveillance

233

(7)

Conclusion

240

(2)

References and Further Reading

242

(3)

Key Cases, Concepts, Persons, Laws, and Terms

245

(54)

Documents

299

(78)

Origins

301

(9)

General Customs Warrant (1749)

301

(1)

Writ of Assistance (1761)

302

(4)

James Otis's Speech Against Writs of Assistance (1761)

306

(4)

Exceptions to the Warrant Requirement

310

(21)

Terry v. Ohio (1968)

310

(4)

City of Indianapolis v. Edmond (2000)

314

(4)

Illinois v. Caballes (2005)

318

(4)

Board of Education of Pottawatomie County v. Earls (2002)

322

(9)

Electronic Surveillance

331

(22)

Olmstead v. United States (1928)

331

(4)

Katz v. United States (1967)

335

(5)

United States v. United States District Court for the Eastern District of Michigan (1972)

340

(6)

Kyllo v. United States (2001)

346

(7)

The Exclusionary Rule

353

(15)

Weeks v. United States (1914)

353

(3)

Mapp v. Ohio (1961)

356

(4)

United States v. Leon (1984)

360

(8)

Present Day Warrants and Warrant-Related Materials

368

(9)

Pennsylvania Application for Search Warrant and Authorization

368

(1)

Pennsylvania Affidavit of Probable Cause

369

(1)

Pennsylvania Receipt/Inventory of Seized Property

370

(1)

Pennsylvania Return of Service and Inventory

371

(1)

Federal Government Application and Affidavit for Search Warrant

372

(3)

Federal Government Application and Affidavit for Seizure Warrant

375

(2)

Chronology

377

(18)

Table of Cases

395

(8)

Annotated Bibliography

403

(20)

Index

423

(22)

About the Authors

445

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Unreasonable Searches and Seizures: Rights and Liberties Under the Law

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Unreasonable Searches and Seizures: Rights and Liberties Under the Law

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