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

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