Law Commons^™

A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin

Loyola of Los Angeles Law Review

No abstract provided.

Dna Is Different: An Exploration Of The Current Inadequacies Of Genetic Privacy Protection In Recreational Dna Databases, Jamie M. Zeevi

St. John's Law Review

(Excerpt)

Part I of this Note discusses the fundamental science behind DNA and defines and explains the process of familial DNA searching. Part I also discusses how Carpenter v. United States provides a framework to begin thinking about the unique nature of DNA and privacy implications for its use, and why the revealing nature of this type of data warrants protection. Part II of this Note delves into the lack of constitutional and statutory protections for DNA in recreational DNA databases. First, Part II explains that traditional Fourth Amendment concepts, like search warrants, probable cause, reasonable expectation of privacy, third-party …

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 …

Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco

University of Arkansas at Little Rock Law Review

No abstract provided.

Patterson V. Commonwealth: An Illustration Of The Legal Complexity Of Dna Databases, Audrey J. Burges

Richmond Journal of Law & Technology

In the old-fashioned drawing-room murder mysteries, the villain usually eliminated his target in some Victorian manner - asphyxiation in bed with a pillow, drowning in a clawed-foot tub, stabbing in the back with a letter opener - and then skulked away, convinced he had committed the perfect crime. In the plot of these mysteries, the foil to the crime always proved to be the experienced detection of a meticulous sleuth. AgathaChristie would use the skills of Hercule Poirot or Miss Marple within the plot of her novels to detect the one flaw in the murderer's technique. Perhaps there was some …

Dna As Evidence: Viewing Science Through The Prism Of The Law, Peter Donnelly, Richard D. Friedman

Law Quadrangle (formerly Law Quad Notes)

DNA evidence has transformed the proof of identity in criminal litigation, but it has also introduced daunting problems of statistical analysis into the process. In this article, we analyze a problem related to DNA evidence that is likely to be of great and increasing significance in the near future. This is the problem of whether, and how, to present evidence that the suspect has been identified through a DNA database search. The following article is adapted from "DNA Database Searches and the Legal Consumption of Scientific Evidence," 97.4 Michigan Law Review 931-984 (1999), and appears here with permission of the …

Dna Fingerprinting - Justifying The Special Need For The Fourth Amendment's Intrusion Into The Zone Of Privacy, Deborah F. Barfield

Richmond Journal of Law & Technology

The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures.When claims arise against the government's Fourth Amendment transgressions, usually those claims turn on interpretation of the term "reasonable." Traditionally, a search and seizure conducted under the authority of a judicial warrant for "probable cause" is unquestionably reasonable.In some, albeit very limited, types of searches reasonableness is met with at least "individualized suspicion."When searches intrude into the human body, however, they implicate a person's most deep-rooted expectation of privacy - the right to be left alone.