Description
Book SynopsisThis work argues that the original intent of the Fourth Amendment was subverted due to a significant shift in the concept of justice among many political and legal thinkers in the twentieth century. The original aim of the Fourth Amendment was to differentiate between private property searches, generally requiring warrants, and searches in public areas, which allow searches without a warrant if there is just cause. The focus is on recent factors that led the United States government to weaken protections against property searches, specifically commercial property, while expanding protections against searches in public areas. Professor Newman asserts that starting in the early twentieth century, legislators, jurists and academics envisioned a need for an administrative state to control and regulate a large industrial economy. This need to increase business regulation led to considerable changes in the approach to commercial searches conducted by government agencies. The public interest
Table of ContentsPart 1 Preface Part 2 Acknowledgements Chapter 3 Introduction Chapter 4 The Original Understanding: The Colonial Experience Chapter 5 The Philosophy of the Founders Chapter 6 Search and Seizure in Early American Law Chapter 7 Searches in Public Areas: The Early Twentieth Century Chapter 8 Searches in Public Areas: The Late Twentieth Century Chapter 9 The New Deal and Commercial Searches Chapter 10 The Rise of the Administrative State and the Return of the General Warrant Chapter 11 Conclusion Part 12 Notes Part 13 Bibliography Part 14 About the Author
