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What led to the Fourth Amendment’s protection of the people against unreasonable searches and seizures, codified in written law for the first time in history, and are we in danger of losing that protection? Celebrated lawyer Samuel Dash, known for his role as Chief Counsel of the Watergate Committee, explores the struggle for privacy. He does so by telling the dramatic tales of the people who were involved in influential legal battles, including landmark Supreme Court cases.
Covering almost eight-hundred years of history, Dash begins with the time of King John of England and the Magna Carta, then moves to colonial America as colonists resisted searches mandated under King George. These tensions contributed to the birth of the United States and the adoption of our Bill of Rights with its Fourth Amendment, protecting people against unreasonable searches and seizures.
How effective that protection has been is the story of the next two centuries. Dash explores U.S. Supreme Court cases through the sometimes humorous experiences of the people involved, including the unlucky gambler with a shoplifting wife and the police lieutenant turned king of bootleggers. To some extent, judicial safeguarding of Fourth Amendment protections depended on who made up the majority of the Court at any given time.
By 2001 a conservative majority of the Court had given law enforcement agents greater search powers than ever before. Dash challenges the legal justification of the Bush Administration’s grab for greater search, seizure, and wiretap powers after the 9/11 terrorists’ attacks. He reminds us of government abuses of power in prior emergencies in American history. For Dash, the best security is our belief in individual liberty and the enforcement of our Bill of Rights.
- Sales Rank: #2776382 in Books
- Brand: Brand: Rutgers University Press
- Published on: 2004-05-26
- Original language: English
- Number of items: 1
- Dimensions: 8.74" h x .75" w x 5.74" l, .85 pounds
- Binding: Hardcover
- 198 pages
- Used Book in Good Condition
From Publishers Weekly
Dash is well suited to discuss the Fourth Amendment guarantee against unreasonable searches and seizures—now a professor at Georgetown University Law Center, he was chief counsel to the Senate committee that investigated Watergate, a scandal in which President Nixon was accused of violating just that guarantee. And he agrees with Nixon's aide John Ehrlichman on one point—that this right "has been considerably eroded" in the last few decades, most recently by the post-9/11 USA Patriot Act. Yet, as Dash points out, such struggles have existed from the time of the Magna Carta. With a lawyer's zeal for complex argument and detail, Dash looks at 18th-century England, for example, where the court convicted a printer and writer named John Wilkes based on the illegal seizure of many of his private papers; by the time a judge overturned the verdict on appeal, Wilkes had died from catching pneumonia in prison. More recently, Dash tells of Dollree Mapp, an African-American woman whose apartment was forcibly searched in 1957 by a police sergeant who said, "We didn't think we needed [a warrant]." Dash traces the erosion of the exclusionary rule (which says illegally obtained evidence must be excluded in court) by the Supreme Court under Warren Burger. The USA Patriot Act, Dash says, "dangerously eliminates" citizens' protection against government surveillance. These issues have been, and will continue to be, debated by civil libertarians. Dash has the authority to bring the discussion to a larger audience, and his ideas will no doubt be much discussed in the media.
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Review
A dramatic account of how, over the centuries, we won protection against spying and intrusion by government agents -- Anthony Lewis, former columnist, the New York Times
Destined to become one of the most talked about books of 2004. A clear, concise and courageous book. -- Dan Rather
This book should be read by John Ashcroft and by every citizen whose liberty he endangers -- Alan Dershowitz, author of The Case for Israel
About the Author
Samuel Dash, a professor at Georgetown University Law Center, is a leading lawyer and scholar in constitutional criminal justice and professional responsibility. He is best known for his work as chief counsel of the U.S. Senate Watergate Committee, which led to the resignation of Richard Nixon. He lives in Washington, D.C.
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