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)
Indiana Tech - Law School
Charles E. MacLean
Indiana Tech Law School; Indiana Tech - Law School
November 1, 2013
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
Date posted: January 20, 2014 ; Last revised: January 23, 2014
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