Unreasonable Searches and Seizures: Rights and Liberties Under the Law, Chapter 2

UNREASONABLE SEARCHES AND SEIZURES: RIGHTS AND LIBERTIES UNDER THE LAW, Otis H. Stephens and Richard A. Glenn, eds., Denver, 2006

University of Tennessee Legal Studies Research Paper No. 7

47 Pages Posted: 2 Apr 2007 Last revised: 23 Oct 2007

See all articles by Otis H. Stephens

Otis H. Stephens

University of Tennessee College of Law

Richard A. Glenn

Millersville University

Abstract

Unreasonable Searches and Seizures examines the Fourth Amendment from its historical origins through its early development to current controversies. This book serves as a basis for evaluating the question of the Fourth Amendments continuing relevance in seeking the balance between the protection of individual liberty and the demand for effective law enforcement.

In accomplishing its purpose the book examines five distinct areas of search and seizure law. First, it discusses the role of search and seizure law in our society and its implications for the American political system. Secondly, the book reveals the origins and early development of search and seizure law by looking at the English, colonial, and revolutionary experiences from which it arose. Thirdly, it explores the evolution and devolution of Fourth Amendment protections from the late nineteenth century through the opening years of the twenty-first century by analyzing significant judicial decisions. Lastly, the book speculates on recent trends in search and seizure jurisprudence by examining the issues and controversies that have been most visible in the last decade, with particular emphasis on the potential adverse effects of the USA PATRIOT Act on Fourth Amendment protections.

Posted here are chapters 2, 3, and 4 from the book.

Keywords: Fourth Amendment, search and seizure, constitutional law, supreme court

Suggested Citation

Stephens, Otis and Glenn, Richard A., Unreasonable Searches and Seizures: Rights and Liberties Under the Law, Chapter 2. UNREASONABLE SEARCHES AND SEIZURES: RIGHTS AND LIBERTIES UNDER THE LAW, Otis H. Stephens and Richard A. Glenn, eds., Denver, 2006, University of Tennessee Legal Studies Research Paper No. 7, Available at SSRN: https://ssrn.com/abstract=960824

Otis Stephens (Contact Author)

University of Tennessee College of Law ( email )

1505 W. Cumberland Ave.
Knoxville, TN 37996
United States

Richard A. Glenn

Millersville University ( email )

Millersville, PA 17554
United States

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