Genetic Privacy, Abandonment, and DNA Dragnets: Is Fourth Amendment Jurisprudence Adequate?
by Holly K. Fernandez Last week, you killed someone. You meticulously removed any evidence which might link you to the crime. You are still the prime suspect, but you’re not worried. The police have nothing, not even probable cause to search your apartment. You are literally getting away with murder. But you have a nagging cold with an awful cough. On your way out the door one morning, you spit some phlegm on the sidewalk. A few days later, you find yourself under arrest and wondering what went wrong. This very scenario is currently playing itself out in Jacksonville, Florida. The police suspected an individual of murder, but were unable to obtain a search warrant. Undeterred, they trailed the suspect as he left his home, and when he spat on the pavement, they collected his saliva and tested it against genetic material found at the crime scene. A DNA match transformed the suspect into a murder defendant. Should the officers be lauded for their ingenuity in obtaining crucial evidence? O
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