Current Search: Dorothy F. Schmidt College of Arts and Letters (x) » info:fedora/fau:music (x) » Constitution. 4th Amendment. (x)
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Title
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DNA profiling and Fourth Amendment privacy.
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Creator
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Ohm, Daniel., Harriet L. Wilkes Honors College
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Abstract/Description
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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...
Show moreDNA 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.
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Date Issued
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2009
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PURL
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http://purl.flvc.org/FAU/3325084
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Subject Headings
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DNA fingerprinting, Privacy, Right of, Criminal justice, Administration of
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Format
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Document (PDF)
