Abstract

http://ssrn.com/abstract=2381578
 


 



Warrantless, Pre-Arrest DNA Testing and a Suspect's Right to Refuse: Amicus Brief filed in State of Maine v. Spencer Glover (Maine Supreme Judicial Court 2014)


Adam Lamparello


Indiana Tech - Law School

Charles E. MacLean


Indiana Tech Law School; Indiana Tech - Law School

November 1, 2013


Abstract:     
When law enforcement seeks to obtain a warrantless, pre-arrest DNA sample from an individual, that individual has the right to say "No." If silence is to become a "badge of guilt," then the right to silence — under the United States and Maine Constitutions — might become a thing of the past. Allowing jurors to infer consciousness of guilt from a pre-arrest DNA sample violates the Fourth Amendment to the United States and Maine Constitutions.

Number of Pages in PDF File: 25

Keywords: criminal law, constitutional law, courts, fourth amendment, search and seizure, due process, privacy, equal protection

JEL Classification: K40

working papers series





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Date posted: January 20, 2014 ; Last revised: January 23, 2014

Suggested Citation

Lamparello, Adam and MacLean, Charles E., Warrantless, Pre-Arrest DNA Testing and a Suspect's Right to Refuse: Amicus Brief filed in State of Maine v. Spencer Glover (Maine Supreme Judicial Court 2014) (November 1, 2013). Available at SSRN: http://ssrn.com/abstract=2381578 or http://dx.doi.org/10.2139/ssrn.2381578

Contact Information

Adam Lamparello (Contact Author)
Indiana Tech - Law School ( email )
1600 E. Washington Blvd.
Ft. Wayne, IN 46803
United States
Charles E. MacLean
Indiana Tech Law School ( email ) ( email )
1600 E. Washington Blvd.
Ft. Wayne, IN 46803
United States
Indiana Tech - Law School ( email ) ( email )
1600 E. Washington Blvd.
Ft. Wayne, IN 46803
United States
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