Current Search: Privacy, Right of -- United States (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)
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Title
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The security of America's Fourth Amendment rights: a study on National Security Letters.
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Creator
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Thompson, Maria., Harriet L. Wilkes Honors College
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Abstract/Description
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National Security Letters allow the Federal Bureau of Investigation to obtain records on individuals from corporations without prior judicial intervention or approval. Statutory changes, most significantly those resulting from the passage of the United States Patriot Act in 2001, have substantially altered the four different federal statutes from which National Security Letters originate. In creating these National Security Letters the government intended to protect its citizens from national...
Show moreNational Security Letters allow the Federal Bureau of Investigation to obtain records on individuals from corporations without prior judicial intervention or approval. Statutory changes, most significantly those resulting from the passage of the United States Patriot Act in 2001, have substantially altered the four different federal statutes from which National Security Letters originate. In creating these National Security Letters the government intended to protect its citizens from national security threats. This goal has been regarded historically as legitimate, but the legislation potentially limits rights, which raises the question of whether these letters are acceptable. Drawing on relevant case law and scholarly opinion, I argue that use of these letters is unacceptable and may render the Fourth Amendment's protection of person and property from unreasonable searches meaningless in certain federal investigations.
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Date Issued
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2008
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PURL
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http://purl.flvc.org/FAU/77696
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Subject Headings
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Privacy, Right of, National security, Law and legislation, Terrorism, Prevention, Civil rights
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Format
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Document (PDF)
