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DNA profiling and Fourth Amendment privacy

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Date Issued:
2009
Summary:
DNA profiling is a newly developed technique used by law enforcement agencies in the United States as a form of individual identification to prove whether a suspect is guilty. Due to the fact that it is a newly developed technology there is little legislation to regulate its proper uses and restrictions. Therefore restrictions are largely determined by court decisions as to whether DNA profiling violates constitutional rights. Current decisions in state and federal district courts tend to permit use of DNA profiling without a warrant. These decisions violate principles of privacy guaranteed by the US Constitution as interpreted in pre-DNA fourth amendment cases. By drawing on fourth amendment case law and commentaries, I shall argue that while in some cases no warrant is required for DNA profiling - when it is conducted upon people who have been convicted of a felony - or all other people, a warrant should be required.
Title: DNA profiling and Fourth Amendment privacy.
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Name(s): Ohm, Daniel.
Harriet L. Wilkes Honors College
Type of Resource: text
Genre: Thesis
Issuance: multipart monograph
Date Issued: 2009
Publisher: Florida Atlantic University
Physical Form: electronic resource
Extent: vi, 37 p. : ill.
Language(s): English
Summary: DNA profiling is a newly developed technique used by law enforcement agencies in the United States as a form of individual identification to prove whether a suspect is guilty. Due to the fact that it is a newly developed technology there is little legislation to regulate its proper uses and restrictions. Therefore restrictions are largely determined by court decisions as to whether DNA profiling violates constitutional rights. Current decisions in state and federal district courts tend to permit use of DNA profiling without a warrant. These decisions violate principles of privacy guaranteed by the US Constitution as interpreted in pre-DNA fourth amendment cases. By drawing on fourth amendment case law and commentaries, I shall argue that while in some cases no warrant is required for DNA profiling - when it is conducted upon people who have been convicted of a felony - or all other people, a warrant should be required.
Identifier: 781626476 (oclc), 3325084 (digitool), FADT3325084 (IID), fau:1384 (fedora)
Note(s): by Daniel Ohm.
Thesis (B.A.)--Florida Atlantic University, Honors College, 2009.
Includes bibliography.
Electronic reproduction. Boca Raton, Fla., 2009. Mode of access: World Wide Web.
Subject(s): United States. 4th Amendment.
DNA fingerprinting
Privacy, Right of
Criminal justice, Administration of
Held by: FBoU FAUER
Persistent Link to This Record: http://purl.flvc.org/FAU/3325084
Use and Reproduction: Copyright © is held by the author, with permission granted to Florida Atlantic University to digitize, archive and distribute this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.
Host Institution: FAU

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