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Criminal Law

Fourth Amendment

Brian Gallini

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Full-Text Articles in Law

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini Dec 2008

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This Essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution. Part I highlights certain features of the statute and explores the rationale underlying its enactment. Part II discusses the only published decision upholding the practice of taking of DNA samples from certain …


Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini Dec 2008

Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This brief essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution.