The Fourth Amendment : Original Understandings and Modern Policing
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids'unreasonable searches and seizures'and is th...
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University of Michigan Press
2023
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=3631316&site=ehost-live header: @attributes: shortDbName: nlebk uiTerm: 3631316 longDbName: eBook Collection (EBSCOhost) uiTag: AN controlInfo: bkinfo: btl: The Fourth Amendment : Original Understandings and Modern Policing aug: au: Michael J. Z. Mannheimer isbn: 9780472056330 9780472076338 9780472903719 imageinfo: pubinfo: dt: @attributes: year: 2023 month: 01 day: 01 dtAvail: @attributes: year: 2023 month: 11 day: 03 pub: University of Michigan Press pubContract: University of Michigan Press place: Ann Arbor, Michigan price: 0.01 limitsGroup: maxCheckoutDays: 1500 pda: N printPagesOffline: 100 printPagesOnline: 100 previewPages: 10000 prePubGroup: dewey: @attributes: class: 342.730858 item: 342 .730858 lc: @attributes: class: KF4558 4th item: KF 4558 4th artinfo: ui: 3631316 1376446347 formats: fmt: – @attributes: type: EB doid: NL$3631316$PDF caption: PDF download: Y – @attributes: type: EK doid: NL$3631316$EPUB caption: EPUB download: Y tig: atl: The Fourth Amendment : Original Understandings and Modern Policing ptl: The Fourth Amendment aug: au: Michael J. Z. Mannheimer su: Police--Law and legislation--United States Searches and seizures--United States sug: subj: LAW / General LAW / Constitutional LAW / Government / State, Provincial & Municipal POLITICAL SCIENCE / Civil Rights Police--Law and legislation--United States Searches and seizures--United States ab: Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids'unreasonable searches and seizures'and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts'misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states'rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments. pubtype: eBook doctype: Book ougenre: Book language: English copyright: @attributes: flag: N copyrightText: holdings: @attributes: islocal: N |
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