David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
DNA plays an indispensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test -- totality of the circumstances or special needs -- ought to be employed in this context. This Note concludes that courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
David B. Resnik (2001). DNA Patents and Scientific Discovery and Innovation: Assessing Benefits and Risks. Science and Engineering Ethics 7 (1):29-62.
Tracey Maclin (2005). Is Obtaining an Arrestee's DNA a Valid Special Needs Search Under the Fourth Amendment? What Should (and Will) the Supreme Court Do? Journal of Law, Medicine & Ethics 33 (1):102-124.
Jasper A. Bovenberg (2006). Property Rights in Blood, Genes and Data: Naturally Yours? Martinus Nijhoff Publishers.
Dolores A. Donovan, Informers Revisited: Government Surveillance of Domestic Political Organizations and the Fourth and First Amendments.
Dorie Klein, Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, and the Fourth Amendment.
Dan Fenske, All Enemies, Foreign and Domestic: Erasing the Distinction Between Foreign and Domestic Intelligence Gathering Under the Fourth Amendment.
Holly K. Fernandez (2005). Genetic Privacy, Abandonment, and DNA Dragnets: Is Fourth Amendment Jurisprudence Adequate? Hastings Center Report 35 (1):21-23.
Added to index2009-01-28
Total downloads38 ( #87,234 of 1,726,249 )
Recent downloads (6 months)1 ( #369,858 of 1,726,249 )
How can I increase my downloads?