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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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The Fourth Amendment in Flux - The Roberts Court, Crime Control, and Digital Privacy (Hardcover)
Loot Price: R1,528
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The Fourth Amendment in Flux - The Roberts Court, Crime Control, and Digital Privacy (Hardcover)
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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 MYUjurisprudence 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 weaddress the enduring question
of how to balance freedom against security in the context of the
challenges of the twenty-firstcentury.
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