A Telltale Heart: Exploring the Constitutionality of the Use of Personal Technology to Incriminate Individuals

10 Pages Posted: 27 Apr 2018

Date Written: October 11, 2017

Abstract

In the first case to use a beating heart as incriminating evidence, an Ohio judge ruled the defendant's pacemaker data, which was obtained by the police pursuant to a search warrant, was admissible evidence against him. This case is significant because it suggests that an individual's most intimate personal technology may be admitted as incriminating evidence in a court of law. This decision raises serious questions concerning a defendant's Fourth Amendment right to privacy and Fifth Amendment privilege against self-incrimination. This paper explores the potential implications of admitting individuals' most personal data into evidence and examines the weakness of current privacy laws.

Keywords: technology, fourth amendment, fifth amendment, pacemaker, fitbit, privacy, heartrate, incriminate

Suggested Citation

McLeod, Caroline, A Telltale Heart: Exploring the Constitutionality of the Use of Personal Technology to Incriminate Individuals (October 11, 2017). Available at SSRN: https://ssrn.com/abstract=3159663 or http://dx.doi.org/10.2139/ssrn.3159663

Caroline McLeod (Contact Author)

Independent ( email )

No Address Available

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