Assessing Fourth Amendment Challenges to DNA Extraction Statutes after Samson v. California

32 Pages Posted: 6 Dec 2008 Last revised: 27 Feb 2014

See all articles by Charles Nerko

Charles Nerko

Fordham University - Fordham Law Review; Fordham University School of Law; Offit Kurman, P.A.

Date Written: November 1, 2008

Abstract

DNA plays an indispensable 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 that 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.

Keywords: Fourth Amendment, DNA, CODIS, Samson v. California, Special Needs Test, Totality of the Circumstances Test, DNA Analysis Backlog Elimination Act, Charles Nerko

Suggested Citation

Nerko, Charles J., Assessing Fourth Amendment Challenges to DNA Extraction Statutes after Samson v. California (November 1, 2008). Fordham Law Review, Vol. 77, No. 2, pp. 917-948, 2008, Available at SSRN: https://ssrn.com/abstract=1309909

Charles J. Nerko (Contact Author)

Fordham University - Fordham Law Review

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United States

HOME PAGE: http://www.charlesnerko.com

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

HOME PAGE: http://ir.lawnet.fordham.edu/flr/vol77/iss2/18/

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