The Evolution of the Fourth Amendment

The Evolution of the Fourth Amendment

by Thomas N. McInnis
The Evolution of the Fourth Amendment

The Evolution of the Fourth Amendment

by Thomas N. McInnis

Paperback(Reprint)

$58.99 
  • SHIP THIS ITEM
    Qualifies for Free Shipping
  • PICK UP IN STORE
    Check Availability at Nearby Stores

Related collections and offers


Overview

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.

Product Details

ISBN-13: 9780739129777
Publisher: Lexington Books
Publication date: 09/20/2010
Edition description: Reprint
Pages: 334
Product dimensions: 5.90(w) x 8.90(h) x 1.00(d)

About the Author

Thomas N. McInnis is professor of political science at University of Central Arkansas and author of The Christian Burial Case: An Introduction to Criminal and Judicial Procedure.

Table of Contents

Acknowledgments ix

1 Prologue 1

2 The History of the Fourth Amendment 13

3 The Cardinal Principle of Search and Seizure 51

4 Exceptions to the Cardinal Principle 75

5 Reasonableness and the Fourth Amendment 119

6 The Exclusionary Rule of Justice 181

7 Limiting the Definition of a Search 221

8 The Future of the Fourth Amendment 253

Bibliography 295

Table of Cases 309

Index 315

About the Author 321

From the B&N Reads Blog

Customer Reviews