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
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
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