AALL: Book Review: More Essential Than Ever: The Fourth Amendment in the Twenty-first Century

American Association of Law Libraries: Book Review: More Essential Than Ever: The Fourth Amendment in the Twenty-first Century by Christine Hepler:

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures, requiring a finding of probable cause before a search can take place. The amendment allows for governmental invasion of privacy but it also requires that it be justified and that the government be held accountable for its actions. Seemingly straightforward when originally drafted by our Founding Fathers, technological advances, changes in police work, and threats to national security have had a profound effect on the Court’s Fourth Amendment jurisprudence. In More Essential Than Ever: The Fourth Amendment in the Twenty-first Century, author, Stephen J. Schulhofer, takes the reader through a concise retelling of Fourth Amendment jurisprudence, hoping to reconcile the historically held belief that governmental intrusions into the public’s private matters cannot be allowed in a free society; even when so doing may lead to the increased risk of danger and harm to the public. Accordingly, Mr. Schulhofer argues that the protections provided by the Fourth Amendment as it was originally conceived can be, should be and must be adhered to in today’s modern society. A person’s right to privacy and the “right to be secure in their persons, houses, papers, and effects” is that essential to democracy.