criminal law, DNA, evidence, DNA extraction, Fourth Amendment, Search and seizure, constitutional law
DNA plays an indespensable role in modern law enforcement, and courts uniformly find that DNA extraction statutes targeting criminals satisfy the Fourth Amendment. Courts differ on which Fourth Amendment test--totality of the circumstances or special needs--ought to be employed in this context. This Note concludes the courts should apply Samson v. California's less stringent totality of the circumstances test to analyze DNA extraction statutes in order to maintain the integrity of the special needs test.
Charles J. Nerko,
Assessing Fourth Amendment Challenges to DNA Extraction Statutes After Samson v. California,
77 Fordham L. Rev. 917
Available at: https://ir.lawnet.fordham.edu/flr/vol77/iss2/18