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Open Wide and Say, "Ahhh"

Open Wide and Say, "Ahhh"

Under what circumstances would the Fourth Amendment allow routine collection of DNA samples upon arrest and booking? A recent Supreme Court decision addressed this issue.

August 5, 2013

Ariz. Officers Claim Privacy Violation In DNA Lawsuit
DNA Case Heads To U.S. Supreme Court

DNA Case Heads To U.S. Supreme Court

A convicted rapist is challenging a Maryland law that allows police to take a DNA sample from violent suspects, arguing his Fourth Amendment privacy rights have been violated.

November 12, 2012

ACLU Demands Mobile-Phone Data from LE Agencies In 31 States
Supreme Court Sides With Police on Evidence-Destruction Case
SCOTUS To Decide Whether Officers Need Warrant To Conduct Sex Abuse Interviews at School

SCOTUS To Decide Whether Officers Need Warrant To Conduct Sex Abuse Interviews at School

The Supreme Court has agreed to hear Camreta v. Greene, an Oregon case centering on a whether a child protective services caseworker and deputy sheriff violated the Fourth Amendment when they interrogated a child who alleged sexual abuse in a private office at the child's school for two hours without a warrant, exigent circumstances or parental consent.

October 21, 2010

Official Misinformation

Official Misinformation

What the exclusionary rule has actually meant in practice is that thousands (maybe millions) of criminals have been able to stop the prosecution from using critical evidence of their guilt to hold them accountable for their crimes.

March 1, 2009

No Explanation Required

In your search warrant affidavits, your reports, and your testimony you have to lay out the basis of your suspicions and justify every detention, arrest, search, seizure, entry, and use of force.

September 1, 2008

How to Tell When You Need a Search Warrant

The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.

March 1, 2008

Residential Entry After Outdoors Arrest

There are four ways to make a lawful entry into a private home. Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.

February 1, 2008

Seizing and Searching Passengers

In the 2007 decision in Brendlin v. California, the U.S. Supreme Court added yet another to a series of Fourth Amendment opinions on the subject of vehicle searches and seizures involving passengers, rather than drivers.

September 1, 2007

Third Party Consent Searches

One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."

May 1, 2006

Searching Third-Party Residences

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

August 1, 2005

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