Search and Seizure: Past, Present, and Future

Abstract:     
This is an encyclopedia entry on search and seizure law for the forthcoming Oxford Encyclopedia of Legal History. It reviews the origins of the Fourth Amendment, the early years of the Fourth Amendment, the evolution of the Fourth Amendment, the existing function and doctrine of the Fourth Amendment, and discusses the possible future of Fourth Amendment law.

I. Colonial Experience and the Enactment of the Fourth Amendment
II. The Fourth Amendment Before the Prohibition Era
III. The Prohibition Era to 1961
IV. The Criminal Procedure Revolution of the 1960s
V. The Modern Function and Framework of Fourth Amendment Doctrine
VI. The Future of the Fourth Amendment
Bibliography

Keywords: search and seizure, Fourth Amendment

JEL Classifications: K30

Accepted Paper Series