Description
Book SynopsisThis book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the Supreme Court. It concentrates on the changes in interpretation that have taken place after the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule, which makes illegally seized evidence inadmissible in court, to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that prior to Mapp the Court relied on the warrant rule, which with limited exceptions emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government''s powers to search and seize under the Fourth Amendme
Trade ReviewMany observers of the Fourth Amendment suspect that its protections have declined since the Warren court days. Thomas McInnis' book confirms that observation . . . This is a very valuable work for students of the Fourth Amendment. It is well-documented, has an Index, Table of Cases, and an extensive Bibliography. McInnis' work is relatively easy reading and covers the landmark cases in a concise but clear manner. * Journal of Law & Politics, November 2009 *
Table of ContentsChapter 1 1. Prologue Chapter 2 2. The History of the Fourth Amendment Chapter 3 3. The Cardinal Principle of Search and Seizure Chapter 4 4. Exceptions to the Cardinal Principle Chapter 5 5. Reasonableness and the Fourth Amendment Chapter 6 6. The Exclusionary Rule of Justice Chapter 7 7. Limiting the Definition of a Search Chapter 8 8. The Future of the Fourth Amendment
