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The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft
 
 
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The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft [Hardcover]

Samuel Dash (Author)

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Book Description

May 26, 2004
As chief counsel of the U.S. Senate Watergate Committee, Sam Dash challenged the Nixon administration's abuse of presidential power in the 1970s. Now he turns his discerning legal mind to the Bush administration's increasing intrusion on the privacy rights of American citizens.

What is the best way to balance the competing interests of national security and individual liberty in our post-9/11 world? To answer that question, Dash examines the factors that led to the Fourth Amendment's protection of the people against unreasonable searches and seizures. Covering almost eight hundred years of history, he begins with King John of England and the Magna Carta, then moves to early America as colonists resisted searches mandated under King George III. These tensions eventually contributed to the birth of the United States and the adoption of the Bill of Rights with its essential Fourth Amendment.

The story of the next two centuries is how effective that protection has been as the U.S. developed "from sea to shining sea." Dash explores the struggle for privacy rights by relating dramatic legal battles throughout our history, including landmark Supreme Court cases. He reveals the sometimes humorous experiences of the people involved, such as the unlucky gambler with a shoplifting wife and the police lieutenant turned king of the bootleggers. It becomes clear that to some extent, judicial safeguarding of Fourth Amendment protections depended on which justices 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 and seizure authority than ever before. Dash challenges the legal justification of the Bush Administration's grab for extensive search, seizure, and wiretap powers after the 9/11 terrorist attacks. He reminds us of government abuses in prior emergencies in American history, and concludes that the best security is dedication to our belief in individual liberty and the enforcement of our Bill of Rights.

The Intruders should be read by every American concerned about the increasing encroachment of government on one of the principal values that defines who we are, our hard-won right to individual privacy and freedom.


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Editorial Reviews

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.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.

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

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Inside This Book (learn more)
First Sentence:
Baron Robert Fitz-Walter, Lord of Dunmow and standard-bearer of the city of London, buried the lifeless body of his beautiful daughter Maud in the south side of the choir in his priory at Dunmow. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
exclusionary rule, unlawful search, general warrants, seized evidence, obscenity statute, new majority
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Fourth Amendment, Supreme Court, United States, Magna Carta, Lord Camden, New York, Fourteenth Amendment, King John, Fifth Amendment, High Commission, Japanese Americans, John Adams, The Eavesdroppers, James Otis, Federal Communications Act, House of Commons, San Francisco, Van Valkenburgh, Dollree Mapp, John Wilkes, Petition of Right, World Trade Center, Chief Justice Rehnquist, Fred Korematsu, World War
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