The Fourth Amendment in Flux
The Roberts Court, Crime Control, and Digital Privacy
Michael C. Gizzi and R. Craig Curtis
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 courts small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia.
“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
“An interesting and informative read.”
—Law Library JournalSee all reviews...
“A significant contribution to the literature on Fourth Amendment jurisprudence that is written clearly and concisely. It should be read by legal scholars and students, and anyone with an interest in how law enforcement interests collide with the privacy rights of citizens.”
—Craig Hemmens, Chair and Professor, Department of Criminal Justice and Criminology, Washington State University
“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 UniversitySee fewer reviews...
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 we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.