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Chicago-Kent College of Law

Journal

Fourth amendment

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Let's Be Reasonable: Fourth Amendment Principles In The Digital Age, Scott D. Blake May 2010

Let's Be Reasonable: Fourth Amendment Principles In The Digital Age, Scott D. Blake

Seventh Circuit Review

The expansion of computers in American society has led to new developments in Fourth Amendment doctrine. Just like every other American, criminals use computers, which requires law enforcement to search and seize computers. Frequently, an executing officer inadvertently discovers computer files with illegal content that are outside the scope of the original warrant. Reasoning that traditional Fourth Amendment doctrine does not provide sufficient protection in a digital age, two federal circuits have crafted alternative approaches that deviate from it. However, the Seventh Circuit, in United States v. Mann, has continued to apply the traditional principles of Fourth Amendment doctrine …


Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender Sep 2007

Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender

Seventh Circuit Review

In 1994, the DNA Identification Act permitted the government to establish a national database (CODIS) where it could collect DNA samples from those convicted of certain violent crimes. In the last few years, DNA collection statutes have been repeatedly expanded, to the point where some now require samples upon arrest. Not surprisingly, the federal DNA collection statute has been challenged repeatedly on Fourth Amendment grounds. In the Seventh Circuit, this issue was most recently addressed in United States v. Hook, a case in which a white-collar criminal on supervised release challenged the federal DNA collection statute. The court held …