The Fourth Amendment: Its History and Interpretation

This treatise is an accessible and authoritative resource on the Fourth Amendment for scholars, judges, practitioners, and others. It comprehensively treats Supreme Court case law and offers a structured, analytical approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? When is it satisfied? When does the exclusionary rule apply? The treatise offers ready access to current doctrine. The historical events and the development of search and seizure principles over time provide perspective. Fourth Amendment jurisprudence is in constant change and this third edition incorporates all Supreme Court developments since the second edition and many important lower court cases.

The third edition substantially expands treatment of digital evidence in Chapter 1, highlighting the increasing importance of such evidence, and has additional treatment of digital evidence throughout. Although the structure of previous editions has been retained, every section of the new edition has new material and many sections have been substantially revised to address new developments. It is apparent to any student of our Constitution that the Fourth Amendment is the fundamental right that makes all the others viable―by restraining governmental actions in so many aspects of life.

Thomas K. Clancy is a Professor Emeritus at the University of Mississippi School of Law.