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eBook details

• Title: Constitutional Law - Diminished Expectations of Privacy and the Human Genome: Circuits Align on Mandatory DNA Profiling of Convicted Felons.
• Author : Suffolk University Law Review
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 295 KB

Description

Constitutional Law--Diminished Expectations of Privacy and the Human Genome: Circuits Align on Mandatory DNA Profiling of Convicted Felons--United States v. Weikert, 504 F.3d 1 (1st Cir. 2007) Pursuant to congressional mandate, individuals convicted of certain predicate offenses must submit to mandatory deoxyribonucleic acid (DNA) extraction. (1) Such an intrusion on personal autonomy implicates the Fourth Amendment, which affords all citizens the right to be free from "unreasonable searches and seizures." (2) In United States v. Weikert, (3) the United States Court of Appeals for the First Circuit, in a case of first impression, considered whether a forced DNA submission violates the Fourth Amendment. (4) In reversing the district court's decision to grant the defendant's motion for preliminary injunction, the court joined eleven circuits and concluded that extracting and retaining DNA profiles of supervised releasees during their supervised terms did not violate the Fourth Amendment. (5)

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