• DNA Collection: A Fourth Amendment Analysis

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    May 29th, 2009JonasUncategorized

    Despite relying on different legal standards, courts have generally upheld laws authorizing law enforcements compulsory collection of deoxyribonucleic acid (DNA) as reasonable under the Fourth Amendment of the U.S. Constitution. However, several developments might call this judicial consensus into question. First, whereas prior laws authorized compelled extraction of DNA samples only from people who had received a criminal conviction, new state and federal laws have expanded law enforcements DNA collection authority to include people who have been arrested or detained but not convicted on criminal charges. On the federal level, the U.S. Department of Justice implemented this expanded authority with a final rule that took effect January 9, 2009.





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