Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court's relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court's small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia.
At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome-an invaluable resource as weaddress the enduring question of how to balance freedom against security in the context of the challenges of the twenty-firstcentury.
Publisher: University Press of Kansas
Number of pages: 208
Weight: 340 g
Dimensions: 229 x 152 x 13 mm
"The Fourth Amendment in Flux is an excellent book for political science, pre-law and criminal justice students."--Michael Palmiotto, Professor of Criminal Justice, Wichita State University
"An interesting and informative read."--Law Library Journal
"Well written and engaging [because] Fourth Amendment issues are very important for researchers and service providers in the social services."--Journal of Sociology and Social Welfare