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American Search and Seizure, 1776–1787: The Years of Paradox

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0023
Subject:
Law, Legal History

This chapter shows that between 1776 and 1787, the American law of search and seizure underwent a transformation that separated it from British law. The most obvious mark of that transformation was ... More


English Thought on Search and Seizure to 1642

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0001
Subject:
Law, Legal History

“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's ... More


English Thought on Search and Seizure, 1642–1700

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0005
Subject:
Law, Legal History

This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to ... More


The Influence of Felix Frankfurter

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The effect of Weeks and Silverthorne Lumber was that evidence obtained from an unreasonable search and seizure could not be used in a federal prosecution. This judgment—that the exclusionary rule is ... More


PROCEDURE: Implicit Proportionality Limits on Police Powers and Defendant Rights

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines the many examples of constitutional and subconstitutional criminal procedure rules incorporating ends-benefits and/or alternative-means proportionality principles. The ... More


Criminal Process: The Right to Counsel, Unreasonable Searches and Seizures, and the Privilege against Self-Incrimination

Kent Greenawalt

in Interpreting the Constitution

Published in print:
2015
Published Online:
October 2015
ISBN:
9780199756155
eISBN:
9780190297527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756155.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter covers three different aspects of the rights of criminal suspects, asking how far the government may intrude on people’s lives in order to prevent and solve crimes. Among the central ... More


Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Christopher Slobogin

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226762838
eISBN:
9780226762944
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226762944.001.0001
Subject:
Law, Criminal Law and Criminology

Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other ... More


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