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02984aam a2200373 i 4500 001 58A175A2CD6211EE9507C16149ECA4DB 003 SILO 005 20240217010049 008 230320s2023 miu b 001 0 eng d 020 $a 9780472056330 020 $a 0472056336 020 $a 9780472076338 020 $a 0472076337 035 $a (OCoLC)1372547864 040 $a YDX $b eng $e rda $c YDX $d BDX $d EOP $d OCLCF $d OCLCO $d OCLCQ $d SILO 043 $a n-us--- 050 4 $a KF4558 4th $b .M36 2023 100 1 $a Mannheimer, Michael J. Z., $e author $1 https://orcid.org/my-orcid?orcid=0000-0001-9294-4401 245 14 $a The Fourth Amendment : $b original understandings and modern policing / $c Michael J.Z. Mannheimer. 264 1 $a Ann Arbor, Michigan : $b University of Michigan Press, $c 2023. 300 $a x, 420 pages ; $c 24 cm 504 $a Includes bibliographical references and index. 520 3 $a "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." 610 10 $a United States. $t Constitution. $n 4th Amendment 630 07 $a Constitution (United States) $2 fast 650 0 $a Police $x Law and legislation $z United States. 650 0 $a Searches and seizures $z United States. 650 7 $a Police $2 fast 650 7 $a Searches and seizures $2 fast 651 7 $a United States $2 fast 710 2 $a Michigan Publishing (University of Michigan), $e publisher. 941 $a 1 952 $l OVUX522 $d 20240217011944.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=58A175A2CD6211EE9507C16149ECA4DBInitiate Another SILO Locator Search