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Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez Dec 2017

Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

In Birchfield v. North Dakota (2016), the Supreme Court broke new Fourth Amendment ground by establishing that law enforcement’s collection of information can be cause for “anxiety,” meriting constitutional protection, even if subsequent uses of the information are tightly restricted.  This change is significant.  While the Court has long recognized the reality that police cannot always be trusted to follow constitutional rules, Birchfield changes how that concern is implemented in Fourth Amendment law, and importantly, in a manner that acknowledges the new realities of data-driven policing.
 
Beyond offering a careful reading of Birchfield, this Article has two goals. …

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A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke Dec 2003

A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke

Brendan Burke

Every state and the federal government have laws mandating DNA sampling from certain criminal offenders. Convicts’ DNA information is then stored in state and nationwide databanks for use in investigating crimes that the convicts might commit in the future. Law enforcement professionals applaud this system; civil libertarians abhor it. Because this is essentially a seizure of blood without probable cause, mandatory DNA sampling has been subject to close Fourth Amendment scrutiny. Courts have traditionally upheld mandatory DNA sampling statutes under the special-needs exception to the Fourth Amendment’s probable cause requirement, a doctrine that allows for administrative or regulatory searches if …

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