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Government Analysis Of Shed Dna Is A Search Under The Fourth Amendment, Tracey Maclin
Government Analysis Of Shed Dna Is A Search Under The Fourth Amendment, Tracey Maclin
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This article addresses whether the Fourth Amendment is implicated when police surreptitiously collect and analyze a person’s involuntarily shed DNA.
Law enforcement officers will often obtain shed or abandoned DNA samples from persons who they suspect have committed crimes, but lack sufficient evidence to arrest or detain such persons. When utilizing abandoned or shed DNA for criminal investigative purposes, there are two state actions which arguably trigger Fourth Amendment protection. First, the collection of the biological material which contains a person’s DNA might be considered a search under the amendment. Courts, however, have uniformly rejected this argument. For example, when …
Resisting Wholesale Electronic Invasion Of The Fourth Amendment, Michael E. Tigar
Resisting Wholesale Electronic Invasion Of The Fourth Amendment, Michael E. Tigar
Faculty Scholarship
No abstract provided.