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Diane Publishing Books
Compulsory DNA Collection: A Fourth Amendment Analysis
Anna C. Henning
Relying on different legal standards, courts have historically upheld laws authorizing law enforcement’s compulsory collection of deoxyribonucleic acid (DNA) as reasonable under the Fourth Amendment to the U.S. Constitution. However, prior cases reviewed the extraction of DNA samples from people who had been convicted on criminal charges. New state and federal laws authorize the collection of such samples from people who have been arrested or detained but
not convicted. On the federal level, the U.S. Dept. of Justice implemented this expanded authority with a final rule that took effect Jan. 9, 2009. Contents of this report: (I) Introduction; (II) Background on Law Enforcement Use of DNA; (III) Statutory Framework:
Expansion of Statutory Authorities for DNA Collection and Analysis;
Expungement Provisions; (IV) Fourth Amendment Overview: Search or Seizure; “Reasonableness” Inquiry When the Fourth Amendment Applies; Diminishment of Privacy Expectations Under Supreme Court Precedent; (V) Case Law on DNA Collection: Reasonableness of Post-Conviction Collection; Reasonableness As Applied to Arrestees; (VI)
Issues Courts Are Likely to Consider in Future Cases: DNA; Storage of DNA Profiles After Punishment Ends; (VII) Conclusion.
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