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)

25 Pages Posted: 20 Jan 2014 Last revised: 23 Jan 2014

See all articles by Adam Lamparello

Adam Lamparello

Georgia College and State University; Assistant Professor of Public Law

Charles MacLean

Metropolitan State University School of Law Enforcement and Criminal Justice

Date Written: 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.

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

JEL Classification: K40

Suggested Citation

Lamparello, Adam and Lamparello, Adam and MacLean, Charles, 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: https://ssrn.com/abstract=2381578 or http://dx.doi.org/10.2139/ssrn.2381578

Adam Lamparello (Contact Author)

Georgia College and State University ( email )

Milledgeville, GA 31061-0490
United States

Assistant Professor of Public Law ( email )

Charles MacLean

Metropolitan State University School of Law Enforcement and Criminal Justice ( email )

700 East Seventh Street
St. Paul, MN 55106
United States

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