The Fourth Amendment

by Clancy, Thomas K.

• ISBN13: 9781594604126
• ISBN10: 1594604126
• Format: Hardcover
• Copyright: 2008-10-01
• Publisher: Carolina Academic Press

Summary

Due to the thousands of daily governmental intrusions - such as airport checks, traffic stops, drug testing, obtaining of digital evidence, traditional criminal law enforcement practices and regulatory inspections - the Fourth Amendment is the most commonly implicated and litigated part of our Constitution. This treatise comprehensively treats United States Supreme Court caselaw and takes a structural approach to the Fourth Amendment, addressing foundational questions, such as: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court's development of search and seizure principles provide context to, and perspective on, current doctrine.

Author Biography

Clyde W. Summers is a professor emeritus at the University of Pennsylvania Law School.Kenneth G. Dau-Schmidt is Associate Dean for Research and the Willard and Margaret Carr Professor of Labor and Employment Law at Indiana University School of Law.Alan Hyde is the Sidney Reitman Scholar and professor of law at Rutgers School of Law, Newark.

Table of Contents

Approaching the Fourth Amendment	p. 3
Historical overview of search and seizure practices	p. 23
The right to be "secure"	p. 45
Objects protected by the Amendment : people, persons, houses, papers, and effects	p. 117
"Seizure" : when does a seizure occur?	p. 151
Arrests, stops, and other seizures of persons	p. 217
Defining "search"	p. 283
Search incident to arrest	p. 339
Protective weapon searches [frisks] and sweeps	p. 367
Other categories of searches	p. 399
The reasonableness of a search of seizure	p. 465
Warrant issuance, review, and execution	p. 549
The exclusionary rule and other remedies	p. 609
Table of cases	p. 659
Index	p. 703
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