000			03386cam a22004694a 4500
001			musev2_113316
003			MdBmJHUP
005			20240815120901.0
006			m o d
007			cr||||||||nn|n
008			230419t20232023miu o 00 0 eng d
020			_a9780472903719
020			_z9780472056330
020			_z9780472076338
035			_a(OCoLC)1376446347
040			_aMdBmJHUP _cMdBmJHUP
100	1		_aMannheimer, Michael J. Z., _eauthor _1https://orcid.org/my-orcid?orcid=0000-0001-9294-4401
245	1	4	_aThe Fourth Amendment : _bOriginal Understandings and Modern Policing / _cMichael J.Z. Mannheimer.
264		1	_aAnn Arbor, Michigan : _bUniversity of Michigan Press, _c2023.
264		3	_aBaltimore, Md. : _bProject MUSE, _c0000
264		4	_c©2023.
300			_a1 online resource.
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
506	0		_aOpen Access _fUnrestricted online access _2star
520	3		_aPolice 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.
588			_aDescription based on print version record.
610	1	0	_aUnited States. _tConstitution. _n14th Amendment.
610	1	0	_aUnited States. _tConstitution. _n4th Amendment.
650		7	_aSearches and seizures. _2fast _0(OCoLC)fst01110379
650		7	_aPolice. _2fast _0(OCoLC)fst01068398
650		0	_aSearches and seizures _zUnited States.
650		0	_aPolice _xLaw and legislation _zUnited States.
630	0	7	_aConstitution (United States) _2fast _0(OCoLC)fst01356075
651		7	_aUnited States. _2fast _0(OCoLC)fst01204155
655		7	_aElectronic books. _2local
710	2		_aMichigan Publishing (University of Michigan), _epublisher.
710	2		_aProject Muse. _edistributor
830		0	_aBook collections on Project MUSE.
856	4	0	_zFull text available: _uhttps://muse.jhu.edu/book/113316/
999			_c235840 _d235839