Unwarranted : Policing Without Permission
by Friedman, Barry







Prefacexi
Introduction: The Problems of Policing3(26)
PART I DEMOCRATIC POLICING
1 Policing in Secret
29(22)
2 Legislatures That Won't Legislate
51(22)
3 Courts That Can't Judge
73(19)
4 Fostering Democratic Policing
92(25)
PART II CONSTITUTIONAL POLICING
5 Searches Without Warrant
117(23)
6 Searches Without Probable Cause
140(21)
7 General Searches
161(24)
8 Discriminatory Searches
185(26)
PART III TWENTY-FIRST-CENTURY POLICING
9 Surveillance Technology
211(23)
10 Third-Party Information and the Cloud
234(25)
11 Government Databases
259(23)
12 Counterterrorism and National Security
282(25)
Conclusion: The Challenges of Democratic Policing307(16)
Epilogue323(6)
Notes329(84)
Acknowledgments413(6)
Index419


A law professor and director of the Policing Project discusses how our rights are being eroded through an under-regulated police force who, left unchecked by the courts, has become increasingly militarized and made everyone a suspect through CCTV, location tracking and predictive policing.





Barry Friedman is the Jacob D. Fuchsberg Professor of Law at New York University School of Law and the director of the Policing Project. For thirty years, he has taught, written about, and litigated issues of constitutional law and criminal procedure. He is the author of The Will of the People (FSG, 2009). His writing has appeared in The New York Times, Slate, and The New Republic, among other publications. He lives in New York City.





In the aftermath of 9/11, law-enforcement facilities across the country have become increasingly militarized, raising alarms among civil-rights activists that domestic-policing tactics may have gone too far. According to New York University law professor Friedman in this probing and sometimes chilling analysis of our modern-day American legal system, those concerns are entirely justified. An authority on constitutional law, Friedman takes aim at our faltering courts and cites numerous examples where our Fourth Amendment right against unreasonable search and seizure has been violated, from cases of racial profiling where innocent suspects have felt humiliated to the Los Angeles County sheriff department's illegal 2014 aerial surveillance of Compton, California. The good news, Friedman argues, is that we, as citizens, have more power to change the system than we give ourselves credit for, citing many examples of successful civilian court victories and the work of recently founded activist groups. A powerful manifesto against unbalanced policing methodologies and an illuminating and sobering critique of political and legal forces in the U.S. Copyright 2017 Booklist Reviews.





A law professor diagnoses the ills of American policing and prescribes a healthy dose of sunlight."Policing in the United States-from the overzealous beat cop all the way to the NSA-is out of control," writes Friedman (Law/New York Univ. School of Law; The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, 2009, etc.), and the fault lies not with the police but with us. Unlike most other governmental functions, policing largely proceeds without democratically endorsed rules provided in advance; legislatures and courts have shown neither the inclination nor the capacity to provide this guidance. Police have therefore been left to define their own, possibly unwritten, policies, which have often been kept secret. Too often, the result is a trampling of individual rights that would never have been publicly approved and a waste of resources on ineffective procedures. Among other proposals, Friedman advoca tes that courts impose more rigorous demands for warrants supported by probable cause for searches and surveillance and refuse to support policing techniques or uses of new technologies that have not been explicitly authorized by local or state authority. The author presents an incisive analysis of the pitfalls that have frustrated previous attempts to regulate policing and shows how attempts by the courts to do the job have resulted instead in an erosion of constitutional protections and individuals' rights to privacy. He also considers the special problems of oversight presented by the recent transition of policing from reactive pursuit of wrongdoers to regulatory mass surveillance intended to deter crime. Friedman's lively writing and clarity of expression enable him to make the thicket of applicable Fourth Amendment law readily understandable for general readers, helpfully illuminated by the personal stories behind the case law. At once creative and conservative, Friedma n offers a timely blueprint for recovering democratic control of local and national law enforcement. Copyright Kirkus 2016 Kirkus/BPI Communications. All rights reserved.






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