DNA -- Intimate Information or Trash for Public Consumption?

8 Pages Posted: 31 Aug 2009

See all articles by Melanie D. Wilson

Melanie D. Wilson

Washington and Lee University School of Law

Date Written: August 31, 2009

Abstract

This essay discusses the increasingly popular police practice of covertly collecting DNA samples from people who inadvertently leave saliva, hair or other biological matter in public places. The essay contends that although the United States Supreme Court has yet to decide whether the practice is constitutional, well-established Fourth Amendment principles of “abandonment” supply the necessary framework to permit the practice and simultaneously protect citizen privacy.

Keywords: DNA, fourth amendment, surruptitious sampling

JEL Classification: K14

Suggested Citation

Wilson, Melanie D., DNA -- Intimate Information or Trash for Public Consumption? (August 31, 2009). Baylor Law Review, TexSupp, 2008, Available at SSRN: https://ssrn.com/abstract=1465043

Melanie D. Wilson (Contact Author)

Washington and Lee University School of Law

Lexington, VA 24450
United States

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